Rules of Arbitration

Rules effective – May 3, 2019
  1. Interpretation and Application

    1. Arbitrators shall reasonably interpret and apply these rules in ways that ensure fairness to the parties, promote efficient resolution of cases, and enable use by laypeople.

  2. Definitions – As used in these Rules the following definitions apply:

    1. "Arbitrator" shall mean the individual presiding over an arbitration.

    2. "Claimant" shall mean the initial party claiming entitlement to a legal or equitable remedy.

    3. Reference to Zeyo’s “Notify Everyone function” shall mean the section on the Zeyo website labeled “Notify Everyone” that enables participants to send messages to other participants in a given case.

    4. "Offered party" shall mean the party to whom settlement terms are proposed.

    5. "Offering party" shall mean the party proposing settlement terms.

    6. “Proceedings” shall mean all activity engaged in in relation to a case hosted by Zeyo.

    7. "Respondent" shall mean the party the claimant is suing.

    8. Reference to the “Rules,” or reference to a “Rule” shall refer to these “Zeyo Rules of Arbitration.”

    9. Reference to Zeyo’s “Settle Right Away function” shall mean the button on the Zeyo website labeled “Settle Right Away” that enables parties to propose or accept settlement terms.

    10. “Zeyo-affiliated arbitrators” shall mean the individuals who may be selected to arbitrate cases using the Zeyo platform.

  3. Place of Arbitration

    1. Unless otherwise specified, arbitrations are deemed to take place in the State of Delaware.
      Notes:
      Under Rule 3, where agreements to arbitrate require a particular location for the arbitration, the arbitration is deemed to take place in that location.

  4. Incorporation of the Terms of Service

    1. The Rules should be understood to incorporate Zeyo’s Terms of Service.

    2. This Rule shall not be construed to provide parties with any affirmative or free-standing remedies, but may be used to fill in otherwise unspecified content of a particular Rule or Rules.

  5. Neutrality and Independence of Arbitrators

    1. Arbitrators shall be impartial and independent.

    2. Arbitrators shall be appointed and compensated without regard to the outcome of their judgments.

    3. Parties to an arbitration shall not contact arbitrators directly during or after the arbitration process. All party communications with arbitrators shall be conducted through the Zeyo platform.

    4. Once a case has initiated, all communications effected through the Zeyo platform shall be distributed to all parties and the arbitrator for that case.

    5. All Zeyo-affiliated arbitrators must adhere to the American Bar Association's Code of Ethics for Arbitrators in Commercial Disputes.

  6. Information Integrity

    1. Parties are responsible for supplying true, accurate, and complete information.

  7. Initiating the Arbitration

    1. There are two ways to initiate an arbitration:

      • Pre-Dispute Arbitration Agreements

        • If the parties have already agreed to arbitrate the dispute at issue (including when parties agree to arbitrate all disputes), then the claimant should refer to Rule 8 to initiate the arbitration.

      • Post-Dispute Arbitration Agreements

        • If the parties have not yet agreed to arbitrate the dispute at issue, then the parties should refer to Rule 9 to initiate the arbitration.

  8. Pre-Dispute Arbitration Agreements

    1. Invoking the Arbitration Agreement

      • If a dispute arises that is subject to a written agreement requiring disputes to be resolved using Zeyo (in other words, a pre-dispute arbitration agreement), then a party to the agreement may initiate the arbitration process by filing a claim at www.zeyo.co/fee-schedule and uploading the written document containing the arbitration agreement. In all such cases—including cases in which respondents fail to respond or defend—claimants shall be required to prove by a preponderance of the evidence that the respondent is bound to arbitrate the matter using Zeyo.

    2. Failure to Invoke the Arbitration Agreement

      • If a party previously agreed in writing to resolve a dispute using Zeyo, but instead files a claim in an alternative forum (for example, a civil court), then any other party to the arbitration agreement may ask that forum's adjudicator (for example, a judge) to dismiss the claim so that it can be refiled using Zeyo.

    3. Erroneous Invocation of the Arbitration Agreement

      • A respondent who believes an arbitration agreement was erroneously invoked should assert that defense in their response to the claim. Although a claimant cannot obtain a favorable arbitrability ruling by default, arbitrators may interpret a respondent's silence as a concession.

    4. Notice and Service of Process

      • In order to file a claim, parties must provide contact information for other parties to the case. Zeyo will use that contact information to notify via email and certified mail all parties listed in the filed claim.

        • Proper contact information shall be the email address or mailing address provided or otherwise referenced in the document containing the arbitration agreement. If no such email or mailing address is provided in the document containing the arbitration agreement, then parties should input the last known email or mailing address they have for the other parties, as well as any publicly accessible email addresses that exist for the other parties.

      • Notice by Zeyo on behalf of a party shall be satisfactory.

      • Electronic service of process or service via certified mail shall be satisfactory.

      • Upon receiving notice, parties must go to the Zeyo website and confirm or correct the contact information associated with them. Service of process at the electronic and mailing addresses that parties confirm or submit shall be satisfactory.

      • If a party corrects the contact information that was provided by another party, Zeyo shall use the contact information that the party provided for themselves, and may cease using the contact information that the other party provided for them.

  9. Post-Dispute Arbitration Agreements

    1. If a dispute arises that is not subject to a written agreement requiring disputes to be resolved using Zeyo, a party may invite another party (or parties) to resolve the dispute using Zeyo. Parties should go to https://app.zeyo.co/cases/new and complete the forms to invite a party to arbitrate using Zeyo.

    2. At the moment that an invited party accepts an inviting party's invitation to arbitrate a claim using Zeyo, those parties will have agreed to arbitrate that claim and Zeyo shall have sole jurisdiction to adjudicate it, except as limited by law.

    3. If an invited party accepts an invitation to arbitrate using Zeyo within 30 days, then Zeyo will begin the arbitration process.

    4. If an invited party declines an invitation to arbitrate using Zeyo or does not respond within 30 days, the claim will become void.

    5. Parties may log on to the Zeyo platform and reassert their voided claims.

    6. By agreeing to arbitrate using Zeyo, the parties consent to electronic service of process as well as service via certified mail, with service to be made to the email and mailing addresses they provide.

  10. Applicable Law

    1. The Zeyo Rules of Arbitration apply to all cases hosted by Zeyo, except where the parties have in a written agreement expressly selected different rules.

    2. With respect to substantive law, statutes of limitations, and statutes of repose, the applicable law shall be the law set forth in the relevant contract’s choice of law provision. In the absence of a choice of law provision,  the substantive law, statutes of limitations, and statutes of repose of the jurisdictions in which the alleged injury or injuries occurred shall apply. If there is no choice of law provision and the location of the alleged injury or injuries is ambiguous, the arbitrator may in their discretion apply the substantive law, statutes of limitations, and statutes of repose of the State of Delaware and the federal law of the United States of America.

  11. Counterclaims

    1. Parties cannot file counterclaims directly.

    2. Parties may file counterclaims styled as affirmative claims using the process provided in Rule 7.

    3. If a party files a claim springing from substantially the same set of facts as is at issue in a separate case that Zeyo is hosting, and which involves the same parties, then the party filing the new claim may request that the same arbitrator hear both cases. These types of requests shall be made via the Notify function.

    4. When a party files any claim, they are deemed to consent to separately arbitrate with Zeyo any and claims springing from substantially the same set of facts as their claim(s) that may be made by the respondent or necessary parties.

    5. Notwithstanding anything provided in this Rule, no party shall be deemed to waive a counterclaim by consenting to arbitration with Zeyo, nor shall any party be deemed to waive a counterclaim by failing to file that counterclaim pursuant to this Rule.

  12. Notice

    1. All participants in an arbitration shall provide notice using Zeyo's Notify function. Messages entered using the Notify function shall be distributed electronically to all parties, the arbitrator, and Zeyo.

  13. Appointing the Arbitrator

    1. After a pre-dispute arbitration agreement has been invoked or a party has agreed to a post-dispute invitation to arbitrate, and after appropriate fees have been paid, Zeyo shall appoint an arbitrator and notify the parties of the arbitrator appointed to their case.

    2. When the arbitrator is appointed, parties shall be given notice as to the identity of the arbitrator for their case.

    3. Parties shall not be allowed to select or veto the arbitrator appointed to their case, and any contractual provision to the contrary shall be deemed stricken or ineffective.

    4. Parties must notify Zeyo of any relevant conflicts of interest within 48 hours of learning the identity of their appointed arbitrator.

    5. Arbitrators must notify Zeyo of any relevant conflicts of interest within 48 hours of being appointed to a case.

    6. Zeyo shall have discretion to determine whether to provide a substitute arbitrator.

  14. Right to a Hearing

    1. Parties shall have a right to a hearing.

    2. At their hearing, parties shall have a right to speak and present their case, subject to the arbitrator’s power to maintain decorum and promote efficient resolution of cases.

    3. Arbitrators may limit parties speaking time in order to maintain the efficiency and decorum of the proceedings.

  15. Form of Hearings

    1. Cases shall be resolved in a single hearing except where an arbitrator presiding over a case determines that an additional hearing is necessary.

    2. Arbitrators may dictate the order and pace of hearings. Unless the arbitrator indicates otherwise, the order of the hearing will be as follows:

      • Introductory statement by the claimant

      • Introductory statement by the respondent(s)

      • Claimant’s affirmative presentation of their evidence and/or direct examination of their witnesses

      • Respondent’s critical review of claimant’s evidence and/or cross examination of claimant’s witnesses

      • Respondent’s affirmative presentation of their evidence and/or direct examination of their witnesses

      • Claimant’s critical review of respondent’s evidence and/or cross examination of respondent’s witnesses

      • Claimant’s closing arguments

      • Respondent’s closing arguments

      • Arbitrator deliberation

      • Arbitrator issuance of final decision

    3. Arbitrators may examine parties and witnesses at any time, except as otherwise limited by law (for example, where a party invokes their Constitutional right to remain silent).

  16. Scheduling the Hearing

    1. Parties shall be prompted to select dates and times that they are available for the arbitration hearing. If the parties and the arbitrator are all available at a common day and time, then that day and time may be automatically assigned for the hearing. If the parties and arbitrator do not have a commonly available date and time for the hearing, the arbitrator will propose alternative hearing dates and Zeyo will send a notification to the parties inviting them to choose one of the dates offered by the arbitrator for their hearing. If once again the parties do not choose any common dates and times, the arbitrator shall assign a date and time for the hearing. Once the arbitrator selects a hearing date and time, Zeyo will send a notice of hearing to the parties, which will include the date and time of the hearing and instructions on how to attend the hearing via video conference or telephone.

    2. Arbitrators shall consider the parties' preferences when scheduling a hearing. However, hearing times are not guaranteed to match the parties' submitted preferences.

    3. Hearings may occur outside of normal business hours.

  17. Rescheduling a Hearing

    1. Excusable absence

      • Notification Prior to a Hearing

        • If an emergency arises that causes a party to be unable to attend a scheduled hearing, the party must notify Zeyo, the arbitrator, and the other parties as soon as is reasonably possible of their inability to attend and their need to reschedule the hearing.

        • Arbitrators may, at their discretion, reschedule the hearing.

      • Notification After a Hearing

        • If a party is unable to provide notice of their absence prior to the hearing and they wish to challenge the result, they must notify Zeyo, the arbitrator, and the other parties as soon as reasonably possible, and request leave from the arbitrator to vacate the award and rehear the case.

        • Arbitrators may only grant a request to vacate an award and rehear a case where the requesting party's absence is excusable, the reason for the absence is extraordinarily compelling, and the requesting party provided notice of their absence and need to reschedule within 48 hours of the conclusion of the hearing.

          • The arbitrator assigned to parties' requests for leave to vacate the award and rehear the case due to an excusable absence may be different than the arbitrator who presided over the main hearing.

    2. Burden of Proof

      • It shall be the burden of the party requesting a rescheduled hearing, a rehearing, or vacatur of the award to prove the truth and necessity of their reason for being unable to attend the hearing on the scheduled date. This may require uploading additional evidence.

  18. Discovery and Evidence

    1. If a party has documentary, photographic, or video evidence that it would like the arbitrator to consider, it must upload the evidence onto the Zeyo platform.

    2. Unless otherwise agreed by the parties, the parties are not entitled to compel one another to produce evidence.

    3. Parties are required to upload non-privileged, material evidence that is likely to be helpful to other parties to the case. This does not include the communications or work product of non-testifying experts.

      • An arbitrator may, at their discretion, sanction parties who knowingly or recklessly fail to upload non-privileged, material evidence that is likely to be helpful to other parties to the case. Sanctions may be equitable or legal in nature, and may include reconsideration of the final decision, vacatur of the award, financial penalties, and full responsibility for costs and fees incurred by another party to the case or Zeyo because of or in reliance upon the absence of that evidence.

      • If a party has knowledge of a specific piece of evidence that would be helpful to their case, but which has not been uploaded and is in the custody of another party to the case, the party may use the Notify function to request that it be uploaded. Parties may oppose the request via the Notify function. Arbitrators may issue an order in response to the request.

    4. Except where there is a good cause, parties shall upload all evidence in the format and organization in which it is kept in the ordinary course of business.

    5. Parties may upload or submit partial or summary documents in the interest of efficiency. However, upon demand by the arbitrator, a party must within 24 hours of the demand upload the complete form of a document, or in the case of a summary document, the documents upon which the summary is based.

    6. Parties may not upload evidence within 24 hours of the hearing.

    7. Once evidence is uploaded, it may be viewable by the arbitrator, all parties, and Zeyo.

    8. Parties are forbidden from knowingly or recklessly uploading fraudulent evidence.

      • An arbitrator may, at their discretion, sanction parties who knowingly or recklessly upload fraudulent evidence. Sanctions may be equitable or legal in nature, and may include reconsideration of the final decision, vacatur of the award, financial penalties, and full responsibility for costs and fees incurred by another party to the case or Zeyo because of or in reliance upon the fraudulent evidence.

      • The arbitrator who determines sanctions for knowingly or recklessly uploading fraudulent evidence may be different than the arbitrator who presided over the main hearing.

      • Parties shall be liable for knowingly or recklessly uploading fraudulent evidence, and consent to arbitrate such issues using Zeyo.

      • Zeyo may refer parties who knowingly or recklessly upload fraudulent evidence to authorities for criminal prosecution.

    9. Arbitrators shall consider all evidence that is credible, material, and practically accessible. Evidence that is incredible, unnecessary, unpersuasive, excessive, redundant, particularly burdensome, practically imperceptible, or unfairly prejudicial may disregarded by the arbitrator.

    10. If a party is unable to upload evidence due to a technological issue, the party must notify Zeyo at support@zeyo.co immediately.

      • Zeyo may notify the arbitrator and other parties of the issue.

      • Zeyo will attempt to resolve the issue, and may request that the arbitrator delay the hearing until the issue can be resolved. Arbitrators may, in their discretion, reschedule hearings due to technological problems with the Zeyo platform.

      • If a party fails to properly notify Zeyo of their inability to upload evidence, it shall not serve as a valid excuse at the hearing.

    11. The parties shall not offer as evidence, and the arbitrator shall not consider, prior settlement offers by the parties or statements or recommendations made by a mediator or other person in connection with efforts to resolve the dispute being arbitrated, except to the extent that applicable law permits the admission of such evidence.

    12. Subsection (k) shall not be understood to prohibit a party from offering settlement offers as evidence where the fact or contents of those offers constitute a necessary element of a claim subject to arbitration.

    Notes:
    Rule 18(c) is intended to be interpreted as a kind of civil analogue to the Brady Rule.
    Good cause under Rule 18(d) may include, but is not limited to, modifying a digital format in order to be readable on Zeyo’s platform, or complying with a request by the arbitrator or an opposing party.
    Rule 18(l) allows parties to use settlement offers when, for example, they allege that the respondent made a fraudulent representation on which the petitioner relied in the course of settlement discussions.

  19. Witnesses

    1. Parties are responsible for their witnesses' attendance. If a party's witness fails to appear, that shall not entitle that party to delay or reschedule a hearing, although arbitrators may do so at their discretion.

    2. No less than 24 hours before the start of a hearing, the parties shall list, using the Notify function, the names and contact information of any witnesses they expect to call at the hearing. Parties shall not list any witnesses who they do not expect to call.

    3. Witnesses may appear in the same physical location as a party using the party's device.

      • If a witness is appearing in the same physical location as a party, both the party and the witness should be visible on the screen at the same time throughout the witness's appearance.

    4. Witnesses who will appear or who have appeared in the same physical location as a party should only be in the same room as the party during their appearance and should not be in the area prior to appearing or after concluding their appearance.

    5. Witnesses may appear using the Zeyo platform on their own device, or a borrowed device.

    6. Witnesses may appear via telephone.

    7. The testimony of witnesses and parties will be given under oath and penalty of perjury. The arbitrator has the power to administer oaths pursuant to 10 Del. C. 1953, § 5708.

    8. Parties are forbidden from knowingly or recklessly presenting a witness appearing under a false identity, or eliciting testimony from their own witness that they know to be false.

      • An arbitrator may, at their discretion, sanction parties who knowingly or recklessly present a witness appearing under a false identity, or who elicit testimony from their own witness that they know to be false. Sanctions may be equitable or legal in nature, and may include reconsideration of the final decision, vacatur of the award, or financial penalties.

        • The arbitrator who determines sanctions for knowingly or recklessly presenting a witness under a false identity or eliciting false testimony may be different than the arbitrator who presided over the main hearing.

      • Parties who knowingly or recklessly present a witness appearing under a false identity or elicit false testimony from their own witness shall be liable for fraud, and consent to arbitrate any issues arising from their misconduct using Zeyo.

      • Zeyo may refer parties who commit perjury or fraud in the arbitration process to authorities for criminal prosecution.

    9. Every person is competent to be a witness unless these rules provide otherwise. Arbitrators may limit or disregard testimony that is outside the scope of a witness’s personal knowledge or expertise.

    Notes:
    In Rule 19(i), “expertise” is intended to be interpreted consistent with the Daubert standard.

  20. Motions and Orders

    1. Motions and responses to motions may be submitted via the Notify function or orally during hearings, except as otherwise set forth in these Rules.

      • Motions and responses shall address the arbitrator, be brief, and be expressed in simple terms.

    2. In order to give parties an opportunity to respond to pre-hearing substantive motions, arbitrators shall not rule on a substantive motion until at least 48 hours after its submission.

    3. Arbitrators may rule on ministerial motions immediately, before other parties to the case respond.

    4. There shall be no dispositive motions.

    5. Arbitrators may ignore, disregard, or forbid submission of motions.

    6. Arbitrators may issue orders via the Notify function or orally. These orders shall be binding on the parties.

    7. Orders may be issued in response to a party’s request or on the arbitrator’s own initiative.

  21. Arbitrator’s Power to Control Hearings

    1. The arbitrator may rule on the admission and exclusion of evidence and on questions of procedure, and may exercise all powers relating to the conduct of the hearing.

  22. Hearing Preparation

    1. Using the device by which the parties plan to attend the hearing, the parties shall visit the the Zeyo website and use the "Test Your Device" function no less than 48 hours prior to the hearing.

    2. If a party's device cannot be used to participate in the hearing, they may attend via telephone. Attendance via telephone shall be satisfactory.

    3. A party need not own the device they use to connect to the hearing.

  23. Failure to Attend Hearing

    1. In the event a party does not appear at a scheduled hearing within 15 minutes of the designated start time, the hearing will be conducted in its absence. Parties may request, and arbitrators may grant, default judgments against absent parties.

      • In cases subject to pre-dispute arbitration agreements, arbitrability shall not be determined by default judgment and must be proven by a preponderance of the evidence even when a party is absent. If an arbitrator determines that a case is arbitrable, the remaining merits may be conclusively resolved via default judgment

      • Cases subject to post-dispute arbitration agreements are conclusively arbitrable, and therefore such cases can be conclusively resolved via default judgment.

    2. In the event neither party appears at a scheduled hearing within 15 minutes of the designated start time, the arbitrator shall dismiss the case without prejudice and the claimant shall be assessed a Non-Attendance Penalty Fee, per the Zeyo Schedule of Fees.

  24. Confidentiality of Proceedings

    1. Proceedings on the Zeyo platform—including, but not limited to, uploaded evidence, notifications, hearings, and final decisions are private and confidential between the parties of a dispute, unless all parties agree otherwise. As such, unless parties agree otherwise, only parties, authorized representatives, witnesses, translators, and any other person having a direct interest in the arbitration may attend a hearing.

      • Arbitrators may determine whether a witness, translator, or any other person with a direct interest in an arbitration may be permitted to attend a hearing.

    2. Neither parties, attorneys, arbitrators, nor witnesses shall film or electronically record hearings.

    3. Zeyo may record hearings or a Zeyo administrator may join hearings for quality control purposes, evidentiary purposes, research purposes, or so that Zeyo can address parties’ concerns that may arise in the future.

    4. Parties shall treat any statements or admissions made in the course of the arbitration as inadmissible in evidence and not subject to discovery, and disclosure of evidence shall not be compelled in any civil action or proceeding in which testimony can be compelled to be given.

    5. Notwithstanding any rules to the contrary, Zeyo may in its discretion share case information in order to collect or transfer debts, for research purposes, or as required by a government court or agency with jurisdiction.

  25. Settlement Prior to Issuance of Final Decision

    1. Prior to issuance of the arbitrator's award, parties may settle their case via Zeyo's Settle Right Away function.

      • Once a party provides all information requested within the Settle Right Away portal, Zeyo shall send an electronic notification of that party's settlement terms to the opposing party (or parties). If the opposing party agrees to be bound by the terms of the settlement as set forth by the offering party—including approving immediate processing of the offered party's payment information—then the arbitrator shall enter the settlement and dismiss the claim with prejudice, and Zeyo will share the settlement contract with the parties. If the offered party does not agree to the offering party's terms, then the hearing shall proceed as previously agreed.

        • Arbitrators shall enter settlements via the Notify function.

    2. If prior to issuance of the arbitrator's final decision parties settle without using Zeyo's Settle Right Away function, all settling parties must notify—using the Notify function—the arbitrator and all non-settling parties of both their settlement and their desire to dismiss the settled claim(s).

      • The arbitrator shall not dismiss with prejudice cases due to settlement unless both parties notify both the arbitrator and Zeyo of their settlement prior to issuance of the award and express their consent to dismiss the case with prejudice due to achievement of a settlement.

      • If proper and timely notice of settlement is not provided, the arbitrator may proceed with the hearing and may issue rulings and awards without regard to the settlement.

  26. Confidentiality of Settlement Discussions

    1. Unless all parties have agreed otherwise, all communications, negotiations, or settlement discussions by and between the participants or arbitrator in the arbitration shall remain confidential.

  27. Final Decisions and Awards

    1. The arbitrator may award damages, interest, fees, or costs, including but not limited to pre-judgment and post-judgment interest, reasonable attorneys’ fees, filing fees, or reasonable costs of obtaining and presenting evidence.

      • Parties or authorized representatives may attest to a good faith estimate of the value of attorneys’ fees incurred in the preceding 24 hours, inclusive of fees incurred during the hearing itself.

      • Pre- and post-judgment interest rates may presumptively be 9% per annum.

        • Parties may rebut the presumptive rate by showing that an alternative rate is required by contract, statute, or equity.

    2. The arbitrator will satisfy the signature requirement of 10 Del. C. 1953, § 5709(a) by e-signing their final decision with their typed name.

  28. Finality

    1. Arbitrators’ decisions are final and binding.

  29. Service of Awards

    1. Parties shall be able to download the arbitrator’s final decision upon satisfaction of all amounts owed to Zeyo.

  30. Payment Pursuant to an Award

    1. If the award requires a party to pay another party money, then the owing party must pay the amount owed within 168 hours following the date the award was served on owing party, unless an alternative deadline is stated within the final decision or arbitration agreement.

  31. Failure to Pay

    1. If an owing party fails to pay the amount owed within the longer of 168 hours, or the deadline noted in the final decision or arbitration agreement, then the owed party may file a petition to confirm and enforce the award in any court having jurisdiction.

      • With respect to petitions to confirm or enforce a final decision, the parties consent to, and shall not dispute, jurisdiction in any state or federal civil court within the United States of America, and any other court having jurisdiction.

      • In the event of confirmation and enforcement of an award, the owing party will be responsible for any attorney, court or other fees associated with such action.

  32. Correcting or Vacating an Award

    1. If a party believes in good faith that a final decision contains either a computational or typographical error and they wish for the error to be corrected, they must notify Zeyo at support@zeyo.co within 24 hours after service of the final decision. Zeyo will notify the arbitrator and the parties to the case, and will re-open the case in order to resolve the issue. The party proposing a correction shall explain their reasoning using the Notify function. Parties opposing the proposed correction shall have 24 hours after notification to respond to the proposed correction, and shall also use the Notify function.

    2. No more than 96 hours after being notified of a proposed correction, arbitrators may correct an award.

    3. The corrected award shall be served upon the parties in the same manner as the award.

  33. Payment or Performance Deadline

    1. Unless otherwise specified in the final decision, parties shall satisfy awards within 168 hours of their being entered.

  34. Costs for Obtaining Compliance

    1. Parties who fail to satisfy awards shall be responsible for expenses incurred to obtain their compliance, including but not limited to attorneys’ fees and court filing fees.

  35. Payment of Fees

    1. Parties shall be subject to the Zeyo Schedule of Fees. The Zeyo Schedule of Fees can be found at www.zeyo.co/fee-schedule.

      • The Zeyo Schedule of Fees may change over time. The applicable version of the Zeyo Schedule of Fees is the one that is in place at the time the award is entered.

    2. Parties entitled to a monetary award or payment pursuant to a settlement arrived at using the Settle Right Away function shall pay a Service Fee to Zeyo. The Service Fee is set forth in Zeyo's Schedule of Fees.

      • Zeyo shall automatically deduct its Service Fee from payments it processes.

    3. Parties who are indigent may request a fee waiver by emailing Zeyo at support@zeyo.co

    4. Zeyo may withhold certain goods and services until parties satisfy certain debts.

  36. Breach of Non-Disclosure Agreements Covering Discrimination and Sexual Assault

    1. Zeyo shall not hear claims alleging breach of non-disclosure agreements in which the respondent is accused of breaching by disclosing a sexual assault or discrimination based on race, sex, age, disability, sexual orientation, or gender identity. Civil courts with competent jurisdiction shall be a satisfactory venue for such claims.

  37. Decorum

    1. Parties and authorized representatives shall communicate calmly, respectfully, and efficiently.

  38. Violation of Hearing Rules and Procedures

    1. Arbitrators may mute participants as needed to promote an efficient and respectful hearing. Participants who engage in vexatious, offensive, or overbearing conduct may be muted, and may lose their opportunity to speak at the hearing.

    2. If a participant is muted, the arbitrator may nevertheless consider the comments that the muted participant made prior to being muted, and shall consider the evidence that the muted participant uploaded.

  39. Confidentiality and Privacy of Arbitration Proceedings

    1. Unless the parties agree to waive confidentiality, the parties, attorneys, witnesses, arbitrator, and Zeyo shall maintain the confidential nature of the arbitration proceedings, including all communications, uploaded evidence, hearings, settlements, decisions, or orders, except as necessary in connection with a judicial challenge of an award, enforcement of an award, collection of a debt owed to Zeyo, or unless otherwise required by law or judicial decision.

    2. All communications and evidence related to the hearing shall remain confidential unless confidentiality is waived.

    3. Arbitrators may issue orders to protect the confidentiality of proprietary information, trade secrets or other sensitive information.

    4. Confidential settlement terms may be disclosed only to the extent necessary to enforce those terms.

  40. Changes in Zeyo Rules

    1. If the Zeyo Rules of Arbitration are revised, the version of the Rules that shall apply shall be the Rules in force at the time of the hearing.

  41. Requests not Contemplated by the Rules

    1. If a party should in good faith believe it is necessary to request action of an arbitrator that is,

      • not specifically provided for by the Rules or the Terms of Service; and

      • is not specifically prohibited by the Rules or the Terms of Service;

      then that party shall make such a request using the Notify function.

    2. The party shall make every reasonable effort that such a request be clear, concise, and provide the arbitrator with any information needed to resolve the request.

    3. The arbitrator may grant, deny, or ignore the request at their discretion. The arbitrator may also respond to a request by specifying further processes they deem relevant to resolve the request.