Parties choose arbitration because it provides for a controlled process. Within that process, there is one relatively rare situation when a party requires immediate relief to get a certain aspect of the case resolved quickly and cannot wait until an arbitrator is appointed. Included in the updated JAMS Comprehensive Arbitration Rules that JAMS recently announced, are new emergency relief procedures that provide for such situations.
Under the new Rule 2(c), a party seeking emergency relief may now apply to JAMS for the appointment of an emergency arbitrator to rule on the request. The applicant must notify all parties (or explain the efforts made to notify all parties). Once an emergency request is filed, JAMS will promptly appoint an emergency arbitrator. In most cases this will be within 24 hours of receipt of the request. Disclosures will be made promptly and challenges, if any, heard and decided. JAMS decisions on emergency relief will be final, thus assuring no possibility for procedural delay.
