Terms and Conditions
The Scope of Arbitration Services
- Arbitration services provided by Juris are designed to resolve a dispute in accordance with the terms of a contract between the parties or terms voluntarily agreed by the parties with or without the assistance of the Arbitrator.
- In order to initiate Arbitration, a requesting party must complete the Juris online Booking Request. Juris will acknowledge receipt of the Request and arrange for the Arbitrator to contact the parties.
Management of the Arbitration
- The Arbitrator will be responsible for managing the Arbitration and will provide the parties with such guidance and direction as is requested or needed to accomplish the same in an economic and expeditious fashion. The parties should consider how they wish to run the Arbitration to save costs.
- The Arbitrator will, with the assistance of the parties, establish a date of hearing and a reasonable estimate of the time required to complete the Arbitration. If any issue arises between the parties between the time of the initial conference and the scheduled date of the Arbitration, the parties may contact the Arbitrator to schedule a management conference to resolve the same.
The Cost of Your Arbitration
- The cost of your Arbitration comprises the Arbitrator’s Fee (plus reimbursement for any reasonable expenses) and an Administration Fee. The Arbitrator’s Fee will include both a hearing fee for each hearing day and hourly fees for related services as explained in paragraph 8 below.
Arbitrator’s Fee and Expenses
- Unless otherwise agreed by the parties, all fees and expenses shall be shared equally. However, final responsibility for fees and expenses may be varied by the Arbitrator’s Award.
- Each arbitrator is an independent contractor and sets his or her own fees. The fees are quoted on the Juris website but where the amount in issue exceeds £500,000 (€500,000 for Republic of Ireland cases), or where the issues are complex or where there are more than three parties with divergent interests, the Arbitrator’s fees will be set on an individual basis after discussion with the parties.
- The Hearing Day fee is the Arbitrator’s fee for each hearing day or part of a day. Hourly fees are for all services provided by the Arbitrator other than those during a hearing day. Such services include, but are not limited to, the initial conference, case management (formal or informal), pre-hearing reading, preparation of the Award and any additional time spent on matters related to the case.
- The Arbitrator’s fees are based on an arbitration being held within 25 miles of the closest Juris office. Reasonable travel, accommodation and subsistence expenses will apply to more distant locations and will be dealt with on a case-by-case basis.
Juris Administration Fee
- The Juris Administration Fee includes:
- online booking and payment
- guidance and support throughout the arbitration process
- use of the Juris server for uploading documents
- administrative support services to the Arbitrator during the Arbitration
- optional assistance with room reservations
- All invoices must be paid upon receipt by online bank transfer.
- When the Arbitration Hearing is set, Juris will issue its initial invoice, which must be paid to secure the services of the Arbitrator and Juris.
- The initial invoice will include the Hearing Fee, which, subject to the provisions of paragraphs 20-23, is a non-refundable fee and comprises the Arbitrator’s daily hearing fee multiplied by the estimated number of hearing days. The invoice will also include the Juris Administration Fee, which is non-refundable.
- If the initial invoice is not timely paid, the Arbitration may be cancelled and neither Juris nor the Arbitrator will accept any responsibility for any loss due to such cancellation.
- Juris will receive and hold payment of the initial invoice on behalf of the Arbitrator as a non-refundable security against which any cancellation or postponement fees that may become due if the Arbitration is cancelled or postponed may be set off.
- Juris may invoice the parties for the Arbitrator’s unbilled hours and expenses at any time. Juris will deliver a final invoice before delivery of the Award and the Award will not be issued until the parties have paid that invoice in full.
- Juris acts as the parties’ authorised agent in receiving, holding and paying the Arbitrator’s fees and the Arbitrator, if registered for VAT, will issue a VAT invoice to the parties directly.
Responsibility for Hearing Arrangements
- It is the parties’ responsibility to book rooms at a suitable venue for the duration of the arbitration. The parties should also arrange catering for themselves and for the arbitrator for the duration of the hearing. The parties remain contractually responsible to the venue for rooms and catering as well as any charges incurred due to postponement or cancellation. Details of the venue should be notified to both Juris and the arbitrator at the time of booking.
The Arbitrator’s Award
- The Arbitrator’s Award will be prepared within 30 days of completion of the Arbitration and issued following payment of the final invoice.
Cancellation or Postponement of the Arbitration
- Each party must provide prompt electronic notice of cancellation or postponement to the Arbitrator and Juris.
- Where such notice is received more than six (6) months before the date fixed for the Arbitration, 10% of the Hearing Fee is payable. Thereafter, subject to the next paragraph below, for each month closer to the date of the Arbitration, where such notice is received, an additional 10% of the Hearing Fee is payable.
- Where such notice is received less than four (4) weeks but more than two (2) weeks in advance of the Arbitration, 70% of the Hearing Fee is payable; where such notice is received less than two (2) weeks before the hearing, 80% of the Hearing Fee is payable; where such notice is received less than one (1) week before the hearing 90% of the Hearing Fee is payable and where such notice is received on or after the date of hearing, a Hearing Fee of 90% is payable for each day allocated for which no hearing takes place.
- If cancellation or postponement occurs after the Arbitrator has incurred hourly fees or expenses for arbitration related services, those fees and expenses must be paid in full upon receipt of the Juris invoice.
- Juris will comply in all respects with Data Protection legislation in force at the relevant time. Unless requested by the parties to do otherwise on terms acceptable to Juris, all party documents held by Juris will be destroyed 30 days following the conclusion of the Arbitration. Likewise, the access to the portal will be removed.
- Juris acknowledges that, in connection with the Arbitration, it may become aware of information regarding the parties or the dispute that may be regarded as confidential. Juris will not release or divulge confidential information regarding the parties or their dispute except as provided by law. This obligation, which it acknowledges, is over and above the duty of confidentiality owed by the Arbitrator.
Dispute Resolution and applicable law
- In the event of a dispute between Juris and its clients, the parties agree to submit the same to mediation and failing a mediated resolution, to submit such dispute to binding Arbitration.
- Where the dispute arises from an Arbitration in Northern Ireland, the Mediator and/or Arbitrator shall be agreed by the parties and in default thereof selected by The President of The Law Society of Northern Ireland. In the event the dispute relates to an Arbitration in the Republic of Ireland, the same provisions apply save that the President of the Law Society of Ireland shall have the power of appointment.
- The costs of Mediation shall be borne equally by the parties. The costs of Arbitration shall be borne similarly unless the Arbitrator’s Award specifies otherwise.
- The law governing any dispute between Juris and its clients arising from an Arbitration in Northern Ireland is the law applicable in Northern Ireland and the venue for any such disputes shall be in Belfast. The law governing any dispute between Juris and its clients arising from an Arbitration in the Republic of Ireland is the law of the Republic of Ireland and the venue for any such dispute shall be in Dublin.