Arbitration proceedings become «unnecessary or impossible» as per Rule 34 (3) of the B.C. International Commercial Arbitration Centre's rules when the Appellant fails to
pay arbitration fees and the Arbitration Tribunal issues a «termination order».
Despite the opposing party's argument that its lack of funds to
pay the arbitration fees should render the arbitration clause unenforceable, the arbitration clause was upheld and the case was terminated.
Not exact matches
In the event that you are able to demonstrate that the costs of
Arbitration will be prohibitive as compared to the costs of litigation, NBCUniversal will
pay as much of your filing and hearing
fees in connection with the
Arbitration as the Arbitrator deems necessary to prevent the
arbitration from being cost - prohibitive, regardless of the outcome of the
Arbitration, unless the Arbitrator determines that your claim (s) were frivolous or asserted in bad faith;
As a result, on July 1, 2014, Shkreli caused Retrophin to
pay Su $ 161,208, representing $ 37,500 in unpaid salary, $ 11,900 in unpaid healthcare benefits, $ 4,100 in
arbitration fees, and $ 107,638 for all the Su Shares (not just those that had originally come from Shkreli).
Costs of
arbitration, including reasonable attorney's
fees incurred in
arbitration as determined by the Arbitrator, together with any reasonable attorney's
fees incurred by prevailing party in Court enforcement of the
arbitration award after it is rendered by the Arbitrator, shall be
paid to the prevailing party by the party designated by the Arbitrator or Court.
Additionally, if there is a hearing, we will
pay any
fees of the arbitrator and
arbitration administrator for the first two days of the hearing.
We will reimburse you for the initial
arbitration filing
fee paid by you up to the amount of $ 500 upon receipt of proof of payment.
If we undertake collection or legal action to enforce our remedies or any
arbitration provisions under the terms of this Agreement, you agree to
pay our attorney's
fees, expenses, and litigation costs to the extent permitted by law.
You could
pay in full every time, have a credit score of 820 and still have your grace period shortened, see mandatory
arbitration clauses on your terms and conditions, and now possibly be charged inactivity or low usage
fees.
Debt
arbitration companies should only collect their debt settlement
fee when debts are «
paid off», and not up front.
If the Bank initiates or elects
arbitration, the Bank will
pay the entire amount of the
arbitration fees, including any required deposit.
Cancellation
fees are common in other areas of
arbitration, where the usual practice is to
pay the arbitrator's full per diem for any cancellations within two weeks of the hearing.
In A1 Team v. Bingham McCutchen, the client of a law firm filed an
arbitration claim seeking the return of
fees paid to the firm.
Upon filing the request for
arbitration, the investor must
pay a registration
fee to the SCC.
The agreement actually stated: «In addition to the Legal
Fee or the Court /
arbitration - ordered Costs, you agree to
pay all expenses, even if we can not settle your claim and / or you lose at trial.»
In addition to whatever rights you may have to recover your attorneys»
fees under applicable law, if you prevail in the
arbitration, and if the FTS Party failed to make a settlement offer to you before the
arbitration or the amount you win is at least 25 % greater than the FTS Party's highest settlement offer, then the FTS Party will
pay your reasonable attorneys»
fees in addition to the amount the arbitrator awarded.
With respect to fairness, while those commentators accept that the actual costs of the
arbitration paid for by the funder are potentially recoverable (cf. Kardassopoulos & Fuchs vs. The Republic of Georgia ICSID case no ARB / 05/18 and case no ARB / 07/15), they maintain that the uplift or success
fee «is neither a party's cost, nor the damage suffered by the funded party... [but is] a result of a contract privy to the funder and the funded party» (Henriques).
In addition, if the arbitrator, at the request of the winning party, finds that the losing party brought a claim or asserted a defense frivolously or for an improper purpose, then regardless of the amount in dispute, the arbitrator must order the losing party to
pay both sides»
arbitration fees and may order the losing party to
pay the winning party's reasonable attorneys»
fees, unless such an award of
fees is prohibited by applicable law.
Attorney
Fee Insurance is a policy taken out by a plaintiff to provide coverage for the attorney
fees and / or out of pocket costs they
pay when pursuing a commercial dispute (litigation or
arbitration).
Consumers can be forced to
pay thousands of dollars in
arbitration fees compared to several hundred dollars in filing
fees in court.»
All jurors drawn to rule on a case collect
arbitration fees (which are
paid by the customer in Ether — the token used on the Ethereum blockchain).
As soon as the registration
fee is
paid, the Respondent is being served the request for
arbitration.
Christian Stuerwald and Mick Smith provide brief comments on an interesting case recently decided by the High Court, in which the High Court confirmed an
arbitration tribunal's decision that the success
fee a claimant
pays to his litigation funder is recoverable from the losing defendant in certain circumstances.
(1) The Centre may, from time to time,
pay to the
arbitration tribunal from any deposit it holds under Rule 33, a reasonable and appropriate amount for
fees earned or expenses incurred.
For example, they may specify how arbitrators will be selected, where the
arbitration will be held (which can be pricey if you live in another state), who will
pay for attorneys»
fees, and whether the final
arbitration award must be kept confidential.
For a big merchant, it is far better to have to
pay $ 5,000 and attorneys»
fees to the handful of people who bring
arbitrations and win them, than to lose a single class action lawsuit for millions of dollars.
The inherent bias of most
fee arbitration systems should be obvious: The vast majority of
fee arbitrators are lawyers and, unless they are working pro bono, they are probably
paid by the hour.
When a mediation is preceded by the submission of a request for
arbitration pursuant to the ICC Rules of
Arbitration concerning the same parties and the same or parts of the same dispute, the filing
fee paid for such
arbitration proceedings shall be credited to the administrative expenses of the mediation, if the total administrative expenses
paid with respect to the
arbitration exceed US$ 7,500.
Below are the mean and median costs of 56
arbitrations in which the arbitral tribunal was
paid by hourly rate and those of 6
arbitrations in which the arbitral tribunal was
paid by reference to an ad valorem
fee scale.
In an award issued on May 3, 2018 the ICSID
arbitration tribunal rejected all claims brought against Kosovo and ordered the claimant to
pay more than $ 2 million to Kosovo for
fees and costs incurred by Kosovo in defending against the claim.
Except as otherwise provided for herein, SimplyInsured will
pay all AAA filing, administration, and arbitrator
fees for any
arbitration initiated in accordance with the notice requirements above.
You and we will
pay the administrative and arbitrator's
fees and other costs in accordance with the applicable
arbitration rules; but if applicable
arbitration rules or laws require Gigaom to
pay a greater portion or all of such
fees and costs in order for this Section 13 to be enforceable, then Gigaom will have the right to elect to
pay the
fees and costs and proceed to
arbitration.
TopResume will
pay all
arbitration filing
fees and the arbitrator's costs and expenses upon your written request given prior to the commencement of the
arbitration.
It is rare that both you, your spouse, and both of your attorneys, can agree on who to select as your arbitrator, as well as the rules of the
arbitration, the issues that will be decided in the
arbitration, and the amount each of you will contribute toward
paying the arbitrator's
fee.
Boards / Associations may, as a matter of local option, retain part or all of the filing
fees paid, irrespective of whether disputes are resolved through mediation or
arbitration.
The court also rejected the Challengers» objections to the qualifications of the
arbitration panel and also the fact that part of the Commission Recipients» legal
fees were partially
paid by NAR and the Board.