JAMS Demand for Arbitration

This template is a demand for arbitration that can be used in disputes under the JAMS Comprehensive Arbitration Rules & Procedures (JAMS Rules). As arbitration is contractual in nature, this demand for arbitration is styled to allege breach of contract, which is most common basis for bringing arbitration. If you are asserting different claims (e.g., seeking a declaration that the contract is void), make the appropriate adjustments. This template includes practical guidance, drafting notes, and alternate and optional clauses. The demand for arbitration is the first document that you file with JAMS. As such, it should be well-organized and readable. JAMS Rules do not dictate specific pleading requirements like those in federal litigation. JAMS Rule 9(a) simply requires that the demand contain a "short statement of its factual basis"; JAMS Rule 9(b) requires that the demand state the remedies sought by claimant. JAMS Comprehensive Arbitration Rules & Procedures Rule 9(a), (b). Notwithstanding these minimum requirements, most practitioners provide a more detailed statement of the dispute than required. A more robust request for arbitration will signal to your opponent and the tribunal that you are serious about the strength of your claim and will enable JAMS to better understand the dispute and choose the right arbitrator(s). A sample template of a demand for arbitration is available on JAMS web site here. When filing the demand, be sure to pay your pro rata share of JAMS fees and expenses as set forth in the JAMS fee schedule in effect at the time of the commencement of the arbitration. JAMS Comprehensive Arbitration Rules & Procedures Rule 31. You may file or submit a dispute to JAMS by sending the Demand to the JAMS Center near you. A list of JAMS locations is available on JAMS web site here. You can also file the demand for arbitration via email by sending it to one of the designated associates whose email addresses are available here. You must provide the opposing party (or parties) a copy of the demand for arbitration, along with any supporting documents. JAMS Comprehensive Arbitration Rules & Procedures Rule 9(a). There are no specific service requirements for service—via common carrier or certified mail is sufficient. When you send JAMS the demand, you must include proof of service to the opposing side. If you have any question regarding the demand or filing it, you can always contact a case manager at the JAMS center near you. For related JAMS templates, see JAMS Response to Demand with Counterclaims. For a related JAMS flowchart, see JAMS Arbitration Flowchart. For a related JAMS practice note, see JAMS Arbitration Awards: Writing the Award.