Arbitration terms & conditions

January 2015 Edition

These terms and conditions govern my appointment as an arbitrator, save to the extent that (i) I expressly agree in writing to the contrary or (ii) any mandatory institutional rules applicable to the arbitration provide otherwise.

1  Remuneration

The basis of my remuneration for work carried out in connection with the arbitration will be as follows:

1.1  I will be entitled to charge GBP200.00 an hour for all time spent working on the arbitration, save for travelling and waiting time.

1.2  I will be entitled to charge GBP100.00 an hour for all travelling and waiting time spent in connection with the arbitration.

1.3  I will be entitled to charge for all expenses, including travelling and accommodation (first class rail fare, business class air travel out of Europe) at cost plus VAT.

1.4  VAT will be payable on all sums charged unless, in the particular circumstances of the arbitration, the service is beyond the scope of VAT.

2  Security for fees and expenses

2.1  I will notify the parties of the amount which I require to be paid by way of security for my fees, expenses and VAT once I am in a position to estimate the amount of work which will be required.

2.2  Payment of security is to be made to the Chartered Institute of Arbitrators as a cash deposit to be held by the Institute in an interest bearing account, unless I agree in writing to accept security in a different form.

3  Payment of remuneration

3.1  I will require payment of my fees and expenses and VAT to date to be made before I deliver any award to the parties.

3.2  Payment in this clause 3 means payment in full of the total sum which I will have invoiced separately to each of the parties who have participated in the arbitration.

3.3  In relation to my final award, payment in this clause 3 means payment in full of the total sum which I will have invoiced separately to each of the parties who have participated in the arbitration by irrevocably authorizing the release to me of any cash deposit and the payment of any balancing sum.

3.4  The award will be delivered on payment of all invoices in full.

3.5  Interest is payable on all invoices which remain outstanding for 30 days or more at the rate applicable to and on the provisions of the Late Payment of Commercial Debts (Interest) Act 1998.

4  Tribunal of three arbitrators

4.1  Where I am appointed by a party to a tribunal of three arbitrators, these terms and conditions apply as modified by this clause 4.

4.2  These terms and conditions govern my contractual relationship with the party appointing me.

4.3  References to parties in clauses 2 and 3 above are to the party which has appointed me.

4.4  I am at liberty to disclose to the other party or parties to the arbitration and to the other members of the tribunal all communications between me and the party appointing me concerning my terms and conditions of appointment.

5  Settlement

5.1  In the event that the dispute is settled, the parties will inform me within 7 days (i) of this fact and (ii) of any terms of the settlement dealing with the liability, as between the parties, to pay my fees and expenses.

5.2  Upon learning that the dispute has settled, I will render an invoice in respect of my fees and expenses and VAT to the party whom I have been informed, has the liability, as between the parties, to pay my fees and expenses or otherwise to the parties in equal shares. This is without prejudice to 5.3 below.

5.3  In accordance with s 28 of the Arbitration Act 1996, the parties remain jointly and severally liable to pay my fees, expenses and VAT until payment in full.

5.4  I will require payment of my fees and expenses and VAT to be made before I deliver any consent award to the parties.

6  Periodic adjustment of rates

In the event that the arbitration continues for more than 12 months from the date on which I accept the appointment, my hourly rates set out in clause 1.1 and 1.2 above will be increased by 5% in relation to work done on and following the anniversary of acceptance.

7  Online Dispute Resolution

If you are a consumer resident in the European Union and I have made a contract with you by electronic means you may be entitled to use an EU online dispute resolution service to assist with any contractual dispute you may have with me. This service can be found at https://webgate.ec.europa.eu/odr. My email address is law@richardbutler.com.