Rule 1: Application of the Rules
These rules apply where the parties have not specified any other rules or procedures and have agreed to the UniDispute Rules of Arbitration. They are deemed part of any agreement providing for dispute resolution by UniDispute unless conflicting with court orders, which take precedence.

Rule 2: Commencement of Arbitration
The arbitration process begins once UniDebt has filed a Demand under Rule 3. UniDispute will provide UniDebt credentials for the respondent to access the UniDispute portal. 

Rule 3: Pleadings
(a) UniDebt must file a Demand which in addition to the allegations must include (1) a full latest account statement of the debt, (2) include the original loan agreement, the agreement to arbitrate under these Rules, and (3) and event trail of what was sent to the respondent by UniDebt and any responses by the respondent to UniDebt.

 (b) UniDebt must serve the Demand via certified mail and electronic mail (if applicable) and provide the respondent with credentials to use the UniDispute Portal in Rule Rule 5.

(c) The respondents must file an Answering Statement within 19 days of the Demand being sent from UniDebt. The Demand will have been expected to have arrived within 5 days of the Demand being sent, allowing a minimum of 14 days for response. If the respondent can prove that the Demand was received later, an extension will be granted for the number of days that the Demand was delayed beyond the 5 day expected delivery window. The respondent may also obtain a fourteen day extension upon notice to UniDebt within the 19-day period (allowing the respondent to file the Answering Statement within  33 days of the Demand being sent from UniDebt). 

(d) If the respondent fails to file an Answering Statement within the time allowed under (c), the respondent will be in default (see Rule 5).

(e) Amendments require good cause.

Rule 5: Answering Statement

(a) The respondent will file the Answering Statement or request an automatically granted extension (as contemplated in Rule 3(c)) by filing out the forms available at UniDispute.com. The UniDispute Portal will allow the respondent to select which defenses they wish to invoke and for each reason, the respondent will upload a PDF document with their statement and any applicable evidence. The UniDispute Portal will allow the selection of any defense through an “other” option.

(b) Before the Answering Statement is submitted, the respondent is required to electronically sign attesting that the information they provide is truthful and does not contain any misleading or false statements or omissions.

Rule 6: Default

In the event that the respondent is in default under Rule 3 or as otherwise provided in these Rules, the following occur:

(a)   The respondent waives all rights under these Rules except to the form of the procedure in this specific Rule. For avoidance of doubt, the respondent waives the right to appeal under Rule 13.

(b)  UniDebt will present to the arbitrator, under Rule 9, (1) the Demand and any accompanying documents, and (2) evidence satisfying the burden of proof under Rule 11.

(c)   The respondent will not have any right to appear or make a defense in this proceeding.

(d)  The arbitrator may consider the information provided in (b) without any party present and should the burden of proof, under Rule 11, be met will issue the applicable Award within ten days of receiving the information.

Rule 7: Scheduling
(a) Within five business days of the respondent filing an Answering Statement, UniDispute will provide the respondent with a list of times for a hearing with the arbitrator.

(b) Within five business days of receiving the list of times in (a), the respondent will provide which times would work for them. If none of the times work, the respondent will provide ten times of at least two hours which would work for them during the next three weeks.

(c) All times will be from 9 AM eastern time to 8 PM eastern time. 

(d) Failure of the respondent to provide times in (b) without good cause will result in the default of the respondent.

(e) Unless otherwise agreed, the hearing will take place over a video conference call.

(f) This Rule will not apply to any respondent in default.

Rule 8: Party Representatives
The parties will promptly provide each other with contact details for their counsel or representatives, if applicable.

Rule 9: Number of Arbitrators
Arbitrations are heard by one neutral arbitrator unless otherwise agreed. The neutral arbitrator will be selected at random from the list of arbitrators retained by UniDispute. No arbitrator will be selected or not selected based on their rulings.

Rule 10: Hearing

(a) The arbitrator shall conduct a hearing at a time and place agreed under these Rules. Prior to the hearing, UniDispute will provide the arbitrator any information provided by the respondent on the UniDispute Portal.

(b) To the extent that UniDebt disputes the evidence of any thing provided by the respondent, at least five days prior to the hearing UniDebt will provide any contrary evidence.

(c) At the hearing, UniDebt will present any reasons it believes the evidence of the respondent is insufficient and any evidence required under Rule 11(b). Then the respondent will present any rebuttals to UniDebt. 

(d) The arbitrator will then rule and issue either an award or a verdict against UniDebt under Rule 11 in accordance with Rule 20. 

Rule 11: Burden of Proof

(a)   For the following defenses, if the respondent provides some credible evidence proving the defense, the arbitrator shall not issue an award to UniDebt:

a. The contract or debt is not a valid, enforceable agreement.

b. The respondent has paid the debt in full or the balance of debt alleged to be owed is higher than it should be. The respondent is required to provide bank statements or other direct evidence of all payments they allege were made.

c. The respondent discharged the debt in bankruptcy.

d. The contract or debt was obtained by fraud.

e. The contract or debt is not collectable by reason of the statute of limitations.

f.  There exists separate and pending litigation or arbitration relating to the same contract.

(b)  The arbitrator shall not issue an award to UniDebt unless: (1) UniDebt proves by a preponderance of evidence that it has the right to collect the debt from the respondent, and (2) the respondent proves no other lawful defense by a preponderance of the evidence.

(c)   If the arbitrator determines not to issue an award to UniDebt, it shall issue a verdict against UniDebt under Rule 12. Except no verdict against UniDebt under Rule 12 shall be issued if the arbitrator declines to issue an award based on (a)(f).

Rule 12: Verdict Against UniDebt

In the event that these Rules require a verdict against UniDebt, UniDebt agrees to release the respondent from all debts purportedly owed to UniDebt which were described in the Demand.

Rule 13: Appeal

(a) Within fourteen days of entry of an award adverse to the respondent, the respondent may notify UniDispute through the UniDispute Portal of its decision to appeal the award to the American Arbitration Association under the Appellate Arbitration Rules. 

(b) The parties agree to proceed under one appellate arbitrator for the purposes of the Appellate Arbitration Rules.

(c) The judgement of the appellate arbitrator will be final. In the event the appellate arbitrator overturns the Award, it will be considered a verdict against UniDebt for the purposes of Rule 12.

(d) UniDebt will advance any fees payable for the appellate arbitrator including fees to the American Arbitration Association (the “Appellate Costs”).

(e) Should the respondent not prevail on appeal and the appellate arbitrator finds that it is just to require the respondent to pay the Appellate Costs, the Appellate Costs will be added to the original Award.

 Rule 14: Reporting

UniDispute will record any hearing under Rule 10 and make the record available to the parties.

Rule 15: Ex Parte Communications
No ex parte communications with the arbitrator are allowed unless permitted by law. This Rule does not prevent UniDispute from communicating to the arbitrators regarding administrative matters or as otherwise required under these Rules.

Rule 16: Subpoenas
The arbitrator may issue subpoenas for the hearing under Rule 10, including depositions, for good cause shown. Requests for subpoenas must be made at least ten days prior to the Hearing in Rule 10. 

Rule 17: Adjournment

The arbitrator may adjourn the hearing under Rule 10 in the interests of justice or for good cause shown. If UniDebt does not provide dates and times for the new hearing in good faith, it will issue a verdict against UniDebt under Rule 12. If the respondent does not provide dates and times for the new hearing in good faith, the respondent will be in default under Rule 6.

Rule 18: Confidentiality
Arbitration proceedings are confidential unless disclosure is required by law.

Rule 20: Awards
(a) The arbitrator shall issue the award at the hearing under Rule 10, unless the interests of justice require further reflection – in which case, the arbitrator shall issue the award within ten days of the hearing. 

(b) Awards are written. 

(c) Parties may request corrections within 10 days of an Award. 

Rule 21: Arbitrator Disqualification and Liability Exclusion
The Arbitrator cannot be compelled to testify or be held liable for arbitration-related matters.

For questions, please contact legal@unidispute.com