DEMAND FOR ARBITRATION

JAMS (Judicial Arbitration and Mediation Services)

CASE INFORMATION

Filing Date: [DATE]

JAMS Reference Number: [TO BE ASSIGNED BY JAMS]

Applicable Rules:
☐ JAMS Comprehensive Arbitration Rules and Procedures
☐ JAMS Streamlined Arbitration Rules and Procedures
☐ JAMS Employment Arbitration Rules and Procedures
☐ JAMS International Arbitration Rules
☐ JAMS Construction Arbitration Rules
☐ Other: [SPECIFY]

Matter Type:
☐ Commercial/Business
☐ Employment
☐ Consumer
☐ Construction
☐ Intellectual Property
☐ Securities
☐ Insurance/Reinsurance
☐ International
☐ Other: [SPECIFY]

SECTION I: PARTY INFORMATION

CLAIMANT(S)

Claimant 1:

Full Legal Name: [CLAIMANT NAME]

Entity Type:
☐ Individual
☐ Corporation (State: ___)
☐ Limited Liability Company (State: ___)
☐ Partnership
☐ Trust
☐ Other: [SPECIFY]

Principal Place of Business/Residence:
[STREET ADDRESS]
[CITY, STATE ZIP CODE]
[COUNTRY]

Telephone: [PHONE]
Email: [EMAIL]

Claimant's Counsel:

Attorney Name: [NAME]
Firm: [FIRM NAME]
Address:
[STREET ADDRESS]
[CITY, STATE ZIP CODE]

Telephone: [PHONE]
Email: [EMAIL]
Bar Admission: [STATE AND BAR NUMBER]

RESPONDENT(S)

Respondent 1:

Full Legal Name: [RESPONDENT NAME]

Entity Type:
☐ Individual
☐ Corporation (State: ___)
☐ Limited Liability Company (State: ___)
☐ Partnership
☐ Trust
☐ Other: [SPECIFY]

Principal Place of Business/Residence:
[STREET ADDRESS]
[CITY, STATE ZIP CODE]
[COUNTRY]

Telephone: [PHONE] (if known)
Email: [EMAIL] (if known)

Respondent's Counsel (if known):

Attorney Name: [NAME]
Firm: [FIRM NAME]
Address:
[STREET ADDRESS]
[CITY, STATE ZIP CODE]

Telephone: [PHONE]
Email: [EMAIL]

SECTION II: BASIS FOR ARBITRATION

2.1 Arbitration Agreement

The Parties' agreement to arbitrate is contained in:

☐ Section/Article ___ of [AGREEMENT NAME] dated [DATE]
☐ Separate Arbitration Agreement dated [DATE]
☐ Terms of Service/Use effective [DATE]
☐ Employment Agreement dated [DATE]
☐ Purchase Order/Sales Contract
☐ Other: [DESCRIBE]

2.2 Text of Arbitration Provision

The relevant arbitration provision states:

"[QUOTE THE ARBITRATION CLAUSE IN FULL OR RELEVANT PORTION]"

2.3 Applicable Rules Designated

The arbitration agreement designates:
- Arbitration Rules: [JAMS COMPREHENSIVE / STREAMLINED / EMPLOYMENT / OTHER]
- Governing Law: [STATE]
- Seat/Place of Arbitration: [CITY, STATE]
- Number of Arbitrators: [ONE / THREE / AS DETERMINED]

2.4 Copy of Agreement

☐ A copy of the agreement containing the arbitration clause is attached as Exhibit A.

SECTION III: STATEMENT OF CLAIM

3.1 Introduction

This arbitration arises from [BRIEF ONE-SENTENCE DESCRIPTION OF THE DISPUTE].

3.2 The Parties

[DESCRIBE EACH PARTY AND THEIR ROLE IN THE UNDERLYING TRANSACTION/RELATIONSHIP]

Claimant is [DESCRIPTION OF CLAIMANT, BUSINESS, ROLE].

Respondent is [DESCRIPTION OF RESPONDENT, BUSINESS, ROLE].

3.3 Factual Background

[PROVIDE A DETAILED NARRATIVE OF THE FACTS GIVING RISE TO THE DISPUTE]

The Agreement:
[DESCRIBE THE UNDERLYING CONTRACT OR RELATIONSHIP]

Performance:
[DESCRIBE RELEVANT PERFORMANCE BY THE PARTIES]

The Dispute:
[DESCRIBE WHAT WENT WRONG AND HOW THE DISPUTE AROSE]

Pre-Arbitration Efforts:
[DESCRIBE ANY ATTEMPTS TO RESOLVE THE DISPUTE BEFORE ARBITRATION]

3.4 Claims for Relief

FIRST CLAIM: [CLAIM TITLE]

[NUMBERED PARAGRAPHS SETTING FORTH THE CLAIM]

1. Claimant incorporates by reference the allegations set forth above.

2. [STATE THE LEGAL BASIS FOR THE CLAIM]

3. [STATE HOW RESPONDENT BREACHED/VIOLATED THE LAW OR CONTRACT]

4. [STATE THE DAMAGES OR HARM SUFFERED]

5. As a result of Respondent's [CONDUCT], Claimant has suffered damages in the amount of $[AMOUNT].

SECOND CLAIM: [CLAIM TITLE]

[REPEAT FORMAT FOR EACH ADDITIONAL CLAIM]

THIRD CLAIM: [CLAIM TITLE]

[REPEAT FORMAT FOR EACH ADDITIONAL CLAIM]

SECTION IV: RELIEF SOUGHT

4.1 Prayer for Relief

WHEREFORE, Claimant respectfully requests that the Arbitrator(s) enter an award in Claimant's favor and against Respondent as follows:

A. Monetary Damages:

B. Interest:
- Pre-award interest at [___]% per annum from [DATE]
- Post-award interest at the legal rate

C. Equitable/Non-Monetary Relief:

☐ Specific performance requiring Respondent to [DESCRIBE]

☐ Declaratory judgment that [DESCRIBE]

☐ Permanent injunction prohibiting Respondent from [DESCRIBE]

☐ Rescission of [DESCRIBE]

☐ Reformation of [DESCRIBE]

☐ Accounting

☐ Other: [DESCRIBE]

D. Attorneys' Fees and Costs:
- Reasonable attorneys' fees pursuant to [CONTRACT/STATUTE]
- Costs of arbitration
- Expert fees and expenses

E. Other Relief:
- Such other and further relief as the Arbitrator(s) deem just and proper

SECTION V: AMOUNT IN CONTROVERSY

5.1 Claim Value

☐ Under $250,000 (Streamlined Rules may apply)
☐ $250,000 - $500,000
☐ $500,001 - $1,000,000
☐ $1,000,001 - $5,000,000
☐ Over $5,000,000
☐ Non-monetary claims only / Value uncertain

Total Amount in Controversy: $[AMOUNT]

5.2 Counterclaim Estimate

If known, Claimant anticipates that Respondent may assert counterclaims in the approximate amount of: $[AMOUNT OR "UNKNOWN"]

SECTION VI: ARBITRATOR SELECTION

6.1 Number of Arbitrators

☐ One (1) Arbitrator (default for claims under $250,000 per JAMS Rules)
☐ Three (3) Arbitrators (claims of $250,000 or more, or as agreed)
☐ As specified in the arbitration agreement: [SPECIFY]

6.2 Desired Arbitrator Qualifications

Claimant requests an arbitrator with the following qualifications:

Subject Matter Expertise:
☐ Commercial contracts
☐ Employment law
☐ Construction
☐ Intellectual property
☐ Securities
☐ Insurance
☐ International transactions
☐ Other: [SPECIFY]

Background:
☐ Retired judge
☐ Attorney with [___] years of experience
☐ Industry professional
☐ Technical expert in [FIELD]

Geographic Preference: [REGION/STATE]

6.3 Arbitrator Conflicts

Claimant is aware of no conflicts with any JAMS neutrals. [OR: Claimant requests that the following neutrals be excluded due to conflicts: [LIST]]

SECTION VII: PROCEDURAL MATTERS

7.1 Hearing Location

Claimant requests that hearings be conducted at:

Primary Location: JAMS [CITY] Resolution Center
Alternative Location: [CITY, STATE]

7.2 Hearing Format

☐ In-person hearing preferred
☐ Videoconference/virtual hearing acceptable
☐ Hybrid format (combination of in-person and virtual)
☐ Documents-only submission requested (for smaller claims)

7.3 Expedited Procedures

☐ Claimant requests Optional Expedited Arbitration Procedures under JAMS Rules
☐ Claimant does not request Expedited Procedures

7.4 Emergency Relief

☐ Claimant is simultaneously filing an Application for Emergency Relief under JAMS Rule 2(c)
☐ Emergency relief not sought at this time

7.5 Provisional Remedies

☐ Claimant reserves the right to seek provisional remedies from a court of competent jurisdiction without waiving the right to arbitrate

7.6 Mediation

☐ Claimant is willing to participate in mediation to attempt settlement
☐ Claimant has already attempted mediation
☐ Claimant does not believe mediation would be productive at this time

SECTION VIII: DOCUMENT SUBMISSIONS

8.1 Required Documents

The following documents accompany this Demand:

☐ Copy of Arbitration Agreement/Contract (Exhibit A)
☐ Filing Fee (per JAMS Fee Schedule)
☐ Proof of Service on Respondent

8.2 Supporting Exhibits

SECTION IX: FEES

9.1 Filing Fee

The applicable JAMS filing fee based on the amount in controversy is: $[AMOUNT]

[Refer to JAMS Fee Schedule at www.jamsadr.com for current fees]

9.2 Payment

☐ Payment enclosed (check payable to JAMS)
☐ Payment by credit card (JAMS will contact for payment)
☐ Wire transfer
☐ Payment submitted online through JAMS portal

9.3 Fee Allocation Request

Under the applicable rules and/or agreement, Claimant requests that arbitration fees be allocated as follows: [DESCRIBE REQUESTED ALLOCATION OR "AS DETERMINED BY THE ARBITRATOR"]

SECTION X: VERIFICATION AND SIGNATURE

10.1 Verification

I, [NAME], [CLAIMANT / ATTORNEY FOR CLAIMANT], hereby verify that:

1. I have read the foregoing Demand for Arbitration;

2. The factual statements contained herein are true and correct to the best of my knowledge, information, and belief;

3. The legal claims set forth are warranted by existing law or by a non-frivolous argument for the extension, modification, or reversal of existing law;

4. This Demand is not being submitted for any improper purpose, including harassment, unnecessary delay, or needless increase in the cost of dispute resolution.

10.2 Execution

Submitted by:

Signature: ______________________________

Printed Name: [NAME]

☐ Claimant
☐ Attorney for Claimant

Firm (if applicable): [FIRM NAME]

Date: _______________

FILING INSTRUCTIONS

How to File with JAMS:

Online Submission (Preferred):
JAMS Case Manager Portal: https://www.jamsadr.com/submit-a-case

By Mail:
JAMS
[Local JAMS Resolution Center Address]
OR
JAMS National Headquarters
620 Eighth Avenue, 34th Floor
New York, NY 10018

By Email:
[email protected]

By Fax:
[Check local JAMS office for fax number]

Filing Requirements:

1. Completed Demand for Arbitration
2. Copy of arbitration agreement or contract
3. Payment of filing fee
4. Proof of service on Respondent

Service on Respondent

Claimant must serve a copy of this Demand and all exhibits on Respondent at the time of filing with JAMS.

NOTICE TO RESPONDENT

YOU ARE HEREBY NOTIFIED THAT:

1. A Demand for Arbitration has been filed against you with JAMS.

2. Under JAMS Comprehensive Arbitration Rules, you must file a Response within fourteen (14) calendar days of service of this Demand (or twenty-one (21) days if you are located outside the United States).

3. Your Response should include any counterclaims you wish to assert.

4. Failure to file a timely Response may result in the arbitration proceeding in your absence.

5. You have the right to be represented by counsel of your choosing.

6. For questions about the arbitration process, contact JAMS at 1-800-352-5267 or visit www.jamsadr.com.

JAMS RULE REFERENCES

JAMS Comprehensive Arbitration Rules (effective June 1, 2021):
- Rule 2: Party Self-Determination / Emergency Relief
- Rule 5: Commencing an Arbitration
- Rule 6: Response and Counterclaims
- Rule 9: Consolidation
- Rule 13: Exchange of Information
- Rule 15: Arbitrator Selection and Replacement
- Rule 17: Preliminary Conference
- Rule 18: Dispositive Motions
- Rule 22: The Hearing
- Rule 24: Awards

JAMS Employment Arbitration Rules (effective July 1, 2014):
- Employment Rule 2: Party Self-Determination
- Employment Rule 4: Commencing an Arbitration
- Employment Rule 9: Exchange of Information

JAMS Streamlined Arbitration Rules:
- Applicable for disputes under $250,000
- Expedited procedures and limited discovery

JAMS Optional Appeal Procedure (effective February 1, 2025):
- Available if agreed upon by the parties

PROOF OF SERVICE

I, [NAME], declare under penalty of perjury that on [DATE], I served a true and correct copy of this Demand for Arbitration and all attached exhibits on Respondent by:

☐ Personal delivery
☐ Overnight courier (tracking number: ___)
☐ Certified mail, return receipt requested
☐ Email (with confirmation of receipt)
☐ Other: [SPECIFY]

at the following address:

[RESPONDENT ADDRESS]

Signature: ______________________________
Printed Name: [NAME]
Date: _______________

LEGAL REFERENCES:
- Federal Arbitration Act, 9 U.S.C. Sections 1-16
- JAMS Comprehensive Arbitration Rules and Procedures (effective June 1, 2021)
- JAMS Employment Arbitration Rules and Procedures (effective July 1, 2014)
- JAMS Streamlined Arbitration Rules and Procedures
- JAMS Optional Appeal Procedure (effective February 1, 2025)
- JAMS Mass Arbitration Procedures and Guidelines