Domestic Arbitration Council

This procedure applies to matters referred by CPR Dispute Resolution Services LLC ("CPR") to the CPR Domestic Arbitration Council, under any set of CPR's rules except those for international disputes¹ (the "Rules").

The Domestic Arbitration Council is comprised of experienced arbitration practitioners, who are diverse not only in respect of race, ethnicity, or gender but also with respect to their areas of expertise and geographic location. These arbitrators have agreed to accept appointments to serve on a pro bono basis, as provided in this Procedure. The Domestic Arbitration Council Panel is any three members of the Domestic Arbitration Council who, upon request by CPR, have agreed to decide issues with respect to a particular arbitration proceeding.

View Domestic Arbitration Council.

1. DOMESTIC ARBITRATION COUNCIL REFERRALS PROCEDURE

a. General Referral. Whenever CPR is required or permitted to make a determination under the Rules, in the interests of transparency and efficiency, CPR may refer the issue for such determination to the Domestic Arbitration Council.

b. Convening of Domestic Arbitration Council Panel. When CPR refers an issue to the Domestic Arbitration Council, CPR shall convene a panel by designating two members and one chair (the “Panel”). In requesting members to serve on a particular Panel, if applicable, CPR shall disclose the identity of the parties to the dispute, their counsel, and the members of the Tribunal. Prospective Panel members shall decline appointment in the event of any conflict.

c. Panel Decision Process. CPR shall provide a copy of the relevant materials to each Panel member as soon as possible. The Panel may meet in person, by telephone conference, or video conference, as the chair may decide. A decision shall require the affirmative vote of at least two members of the Panel and shall be communicated forthwith by the chair to CPR.

d. Decision. Every decision shall be made as expeditiously as possible. Decisions by the Panel shall be deemed to be of an administrative nature, will not state any reasons, and shall be final and non-reviewable. In making its determination, the Panel shall observe the Rules applicable to the arbitration in question.

e. Conflicts. No member of the Panel may thereafter serve as a member of the Tribunal in the same arbitration.

2. SPECIAL ADDITIONAL PROCEDURES FOR JOINDER REFERRALS

a. Application. Where CPR refers a joinder request to the Domestic Arbitration Council, in addition to all provisions under #1, the following applies:

b. Written Notice. Any request for joinder shall be in writing and shall state the basis for the joinder with specificity.

c. Comments. CPR shall advise all the other parties of the request, and any party requested to be joined may comment in writing within 10 days after receipt of such CPR advising notice, or such other time frame that CPR deems appropriate. The comments shall be sent to CPR, which will provide them to the Panel.

d. Requested Additional Information. The Panel may request additional information from the parties, as well as from the party(ies) requested to be joined and may, at its discretion, hear oral argument.

e. Decision. In arriving at its decision, in addition to the applicable law, the Panel may take into account any circumstances it considers to be relevant, including, but not limited to:

i. the text of any relevant arbitration clause(s) or the existence of any separate arbitration agreement(s);

ii. the existence of claims that arise out of the same events and that involve the same legal questions;

iii. whether, in the absence of the party requested to be joined, the arbitrators cannot accord complete relief among the existing parties;

iv. whether the party requested to be joined claims an interest relating to the subject of the action and is so situated that disposing of the action in that party’s absence may, as a practical matter, impair or impede its ability to protect the interest, or leave an existing party subject to a substantial risk of incurring double, multiple, or otherwise inconsistent obligations because of the interest;

v. whether joinder would serve the interests of justice and efficiency; and

vi. the timing of the request for joinder.

3. SPECIAL ADDITIONAL PROCEDURES FOR CONSOLIDATION REFERRALS

a. Application. Where CPR refers a consolidation request to the Domestic Arbitration Council, in addition
to all provisions under #1, the following applies:

b. Written Notice. Any request for consolidation shall be in writing and shall state the basis for the consolidation with specificity.

c. Comments. CPR shall advise the parties and the Tribunal in writing that any members of the Tribunal and any party may comment in writing within 10 days after receipt of such CPR advising notice, or such other time frame that CPR deems appropriate. The comments shall be sent to CPR, who will provide them to the Panel.

d. Requested Additional Information. The Panel may request additional information from the parties and Tribunal members and may, at its discretion, hear oral argument.

e. Decision. In arriving at its decision, in addition to the applicable law, the Panel may take into account any circumstances it considers to be relevant, including, but not limited to:

i. the text of any relevant arbitration clause(s) or the existence of any separate arbitration agreement(s);

ii. whether one or more arbitrators have been appointed in more than one of the arbitrations and, if so, whether the same or different persons have been appointed;

iii. whether the existence of common issues of law or fact create the possibility of conflicting decisions in the separate arbitration proceedings;

iv. whether any prejudice resulting from a failure to consolidate is or is not outweighed by the risk of undue delay or prejudice to the rights of or hardship to parties opposing consolidation; and

v. whether consolidation would serve the interests of justice and efficiency.

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¹These Rules include but are not limited to:

Domestic (U.S.) Rules (including any prior version thereof):

• Administered Arbitration Rules (2019)
• Fast Track Administered Arbitration & Non-Administered Arbitration Rules (2018)
• Fast Track Non-Administered Arbitration Rules (2005)

And the below when not used by international parties (including any prior version thereof):

Specialty Area Rules:

• Employment Arbitration Rules (2021)
• Appellate Arbitration Procedure (2015)
• Rules for Expedited Arbitration of Construction Disputes (2006)
• Patent & Trade Secret Arbitration Rules (2005)
• Trademark Procedures (1994)

The Domestic Arbitration Council includes: