Arbitration Arbitration Costs, Fees, and Case Management

Question 1

Under AAA Commercial Arbitration Rules, how are filing fees generally calculated?

Accepted Answer

Based on a sliding scale tied to the amount of the claim

Answer

AAA filing fees are calculated on a sliding scale based on the amount in controversy, with higher claim amounts resulting in higher initial filing fees.

Question 2

What is the typical basis for arbitrator compensation in commercial arbitration?

Accepted Answer

An hourly or daily rate negotiated or set by institutional rules

Answer

Arbitrators are typically compensated at hourly or daily rates, either agreed directly with parties or set according to the administering institution's guidelines.

Question 3

What does the 'English rule' (fee-shifting) regarding costs mean in international arbitration?

Accepted Answer

The losing party typically pays the prevailing party's legal fees and arbitration costs

Answer

The English rule on costs means the unsuccessful party pays the successful party's legal fees and arbitration costs, which is the default in many international arbitrations.

Question 4

What is an 'advance on costs' in ICC arbitration?

Accepted Answer

A deposit required from both parties to fund arbitrator fees and ICC administrative costs during the proceeding

Answer

The ICC requires parties to deposit an advance on costs at the outset to cover estimated arbitrator fees and ICC administrative charges throughout the proceeding.

Question 5

What does 'expedited procedures' under AAA Commercial Rules mean for cases below a certain threshold?

Accepted Answer

All cases automatically go to a single arbitrator with limited discovery and a shortened schedule

Answer

AAA Expedited Procedures apply to smaller claims and provide for a single arbitrator, simplified document exchange, and compressed timelines to reduce costs and time.

Arbitration - Arbitration and Dispute Resolution Certification Practice Test

Arbitration - Arbitration and Dispute Resolution Certification Practice Test

Arbitration Arbitration Costs, Fees, and Case Management