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During an arbitration hearing, the arbitrator will listen as the parties present evidence, may ask questions of the parties and their witnesses, and may schedule more time for a party to submit evidence that the arbitrator thinks is necessary to prove or disprove a claim.
Arbitrator fees normally range from about $1000 per day (per diem) to $2000 per day, usually depending upon the arbitrator's experience and the geographic area in which he or she practices.
When parties choose to arbitrate, they hire an arbitrator to make decisions in their case. The parties can agree to binding or non-binding arbitration. The parties can decide the degree of formality that they want to follow with regard to presentation of witnesses and exhibits.
Arbitration is often resolved much more quickly than court proceedings, so attorney fees are reduced. Also, there are lower costs in preparing for the arbitration than there are in preparing for a jury trial. For binding arbitration, there are limited opportunities for appeal.
Program Cost There is a small administrative fee of $150 for PBA members and $250 for non-PBA members plus a modest daily fee for the mediator or arbitrator, which is usually shared by the parties. A fee schedule is available from the PBA.
Supreme Court ruling in NN Global The Supreme Court in NN Global, relying, inter alia, on the doctrine of separability, ruled an arbitration agreement to be a separate and distinct contract dehors the substantive agreement, which in itself is not liable to be subjected to any stamp duty payment.
In AAA arbitration, each party pays his own attorney fees, plus significant filing fees and arbitrator fees shared between the parties, ranging from 8K to 20K or more, typically, to fully litigate a case.
Program Cost There is a small administrative fee of $150 for PBA members and $250 for non-PBA members plus a modest daily fee for the mediator or arbitrator, which is usually shared by the parties. A fee schedule is available from the PBA.
Who Can Arbitrate Disputes? Arbitration can be voluntary (the parties agree to do it) or mandatory (required by law). Most contract arbitration occurs because the parties included an arbitration clause requiring them to arbitrate any disputes "arising under or related to" the contract.