Arbitration Arbitration Costs, Fees, and Case Management 3

Question 1

What is 'time and cost management' certification training typically focused on in the arbitration context?

Accepted Answer

Developing skills to control arbitration timelines, reduce procedural complexity, and manage budget expectations

Answer

Time and cost management training in arbitration focuses on techniques to keep proceedings efficient, proportionate, and within reasonable cost and time parameters.

Question 2

What is 'early neutral evaluation' (ENE) and how does it relate to arbitration?

Accepted Answer

A pre-arbitration ADR process where a neutral evaluates case strengths to encourage settlement

Answer

ENE is a separate ADR process where a neutral evaluates the merits to help parties assess case strengths and potentially settle before incurring full arbitration costs.

Question 3

What is a 'security for costs' order and when might an arbitral tribunal grant it?

Accepted Answer

An order requiring a party to post security ensuring it will pay an adverse cost award, typically when there is a risk of non-payment

Answer

A security for costs order requires a party (often the claimant) to post a financial guarantee to cover potential adverse cost awards if factors suggest they may be unable to pay.

Question 4

What role does the 'administering institution' play in managing arbitration scheduling?

Accepted Answer

The institution facilitates communication, coordinates appointments, and provides administrative support, but the tribunal manages substantive scheduling

Answer

Institutions like AAA and ICC provide administrative support and coordinate logistics, but the arbitral tribunal retains authority over substantive scheduling and procedural decisions.

Question 5

What is 'document-only arbitration' (also called 'desk arbitration')?

Accepted Answer

Arbitration resolved entirely on written submissions without an oral hearing

Answer

Document-only or desk arbitration is resolved purely on written submissions and documentary evidence without a live hearing, reducing time and costs for simpler disputes.

Arbitration - Arbitration and Dispute Resolution Certification Practice Test

Arbitration - Arbitration and Dispute Resolution Certification Practice Test

Arbitration Arbitration Costs, Fees, and Case Management 3