What if I have questions about the arbitration process, Rules, or what to do next?

You may always call a CAS case administrator to help guide you. You should note that once an Arbitrator has been appointed, it is the Arbitrator that determines issues regarding the process. CAS can help guide you but ultimately the Arbitrator will make the decision.

What do I need to do to prepare for the arbitration hearing?

• Read and understand the arbitration rules for your case.
• Read the related documents (e.g. contract or warranty).
• Make an outline of your case.
• Be prepared to prove your case with documents and/or testimony.
• Bring copies of all documents you intend to submit.

Can I subpoena a witness or a document?

An arbitrator authorized by law to subpoena witnesses or documents may do so upon the request of any party. A party requesting a subpoena is responsible for its preparation and for legal service in accordance with applicable laws. A request for subpoena may be approved, denied, or modified by the arbitrator based on the arbitrator's determination of the relevance of the request.

What should I do at the hearing?

• Provide any evidence that supports your claim.
• Where appropriate show the arbitrator the conditions related to your claim.
• Be sure all filed issues have been addressed at the hearing.

Before the hearing is closed, be sure you have provided the arbitrator and the other parties all of your evidence. No further evidence can be presented after the hearing unless the arbitrator holds the hearing open for the receipt of further evidence.

What if I need an adjournment?

If you believe you need an adjournment, you should make the request in writing through CAS for the arbitrator’s review and decision. CAS will send a copy of the request to the other party for comment and then the arbitrator will review the request and any comments from the other party and make a decision. If the arbitrator believes there is "good cause," the arbitrator can approve the request for adjournment and will reschedule the hearing (Please note the associated fee for an adjournment). If the request is denied by the arbitrator the hearing will be held as originally scheduled.

Why haven't I received the arbitrator’s decision even though the time period in the Rules has passed?

Once the arbitrator renders, signs, and dates the decision, it is sent to CAS to be processed and sent to all parties. This can add a few days from the date the decision is rendered by the arbitrator to when the parties actually receive the decision.

Can CAS change the arbitrator’s decision?

The simple answer is, "NO." The arbitrator alone is the decision maker. The arbitrator is an independent, third party neutral, who has been trained as an arbitrator and has sufficient subject matter knowledge to make a fair and reasonable decision. CAS is a neutral administrator. The function of CAS is to provide a conduit between the arbitrator and the parties for the transmitting of information, evidence, requests, and decisions. CAS keeps the process moving forward under its Rules. CAS is not the decision maker and cannot second guess an independent arbitrator that has heard the proofs and evidence presented by the parties, has deliberated, and has made a decision.

What if I disagree with the Arbitrator's Award?

There may be several of options open to you. Consult the Rules to see if there is a possibility to request an appeal. Whether there is an appeal process available in the particular Rules for your case or not you may take the decision to a court of competent jurisdiction and request that the Award be vacated by the court. The court can consider requests to vacate, modify, or confirm an Award on very specific grounds.

How does an appeal work?

An appeal is not a complete new hearing to get a "second bite at the apple." It is, rather, a review by a different arbitrator to determine whether a reasonable arbitrator could have reached the particular decision based on the evidence presented to the original arbitrator in relation the governing document(s), such as, a contract or warranty document.

What is a "Request for Modification and/or Clarification" under the Rules?

If there is an apparent mistake in a name or description in an Award it can be corrected through the use of a "Request for Modification and/or Clarification" without taking the matter to court. The arbitrator can modify a decision if the arbitrator finds he/she did not have the authority to make a particular decision. The arbitrator cannot redetermine the merits of the case to simply change the decision.