Terms and Conditions for Arbitration
- 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.
- The Arbitrator will contact the parties to make arrangements for an initial conference. The conference may be held in person or by telephone. The conference will allow the Arbitrator to review the issues between the parties and establish the ground rules for the preparation and conduct of the Arbitration. The Arbitrator will also establish the Arbitration Hearing date and the probable length of hearing required.
- 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 case management conference to resolve the same.
- The Arbitrator will be responsible for managing the Arbitration and the parties will be responsible for the completing and paying for all hearing arrangements, including rooms and catering.
- Juris will act as the Arbitrator’s administrator for the purposes of the Arbitration. It will receive and hold the parties’ Commitment Fee (see below) for the arbitration, it will provide a server so that the parties can upload relevant documents for the hearing, it will assist the parties to make all of the necessary arrangements for the arbitration, it will provide support services for the Arbitrator during the Arbitration, it will collect all outstanding fees due to the Arbitrator following completion of the Arbitration and it will issue the Arbitrator’s Award. No fees will be due by the parties to Juris for these services though cancellation charges will arise, as set out below, should the parties cancel a hearing.
- These fees are set out in the Arbitration Fees page at www.jurisresolutions.com. Each arbitrator sets his or her own fees for all arbitration services provided.
- Notwithstanding the individual fees for various arbitration services explained below, there is an overall minimum fee in respect of each arbitration case. Regardless of how the fees are computed this will be the minimum fee payable in each case. Details of the minimum fee are contained in the Arbitration Fees page at www.jurisresolutions.com.
- The fees quoted are for standard cases. Where the amount in issue exceeds £500,000 or where there are complex or multi-party issues, the arbitrator’s fees will be set on an individual basis after discussion with the parties.
- The Hearing Fee is for the first day of the Arbitration and the Refresher Fee is for each subsequent hearing day.
- For all other services provided by the Arbitrator, such as initial conference, case management conferences, pre-hearing reading, preparing the award and additional time spent on related matters, the arbitrator will charge an hourly fee as set out on the Arbitration Fees page.
- The Arbitrator’s fees are shared equally by the parties. If the Arbitrator has to travel outside Belfast, the arbitrator’s reasonable expenses for travel, accommodation and subsistence are the joint responsibility of the parties, to be shared equally unless otherwise agreed in writing. The Arbitrator’s Award may vary the final allocation of fees and/or expenses.
Non Refundable Commitment Fee
- Once the date of the Arbitration has been set, the parties must each pay their share of a non-refundable Commitment Fee to secure the Arbitrator’s services for the estimated length of the Arbitration. This fee amounts to a proportion of the fees due for the arbitration and will be credited to the parties when calculating the Arbitrator’s overall fees. It must be paid by bank transfer to Juris no later than fourteen (14) days after the Arbitration date is set. Bank account details will be provided to the parties following confirmation of the Arbitration date.
- Juris will hold the Commitment Fee on behalf of the Arbitrator as security against any cancellation or postponement fees that may become due.
- If the Commitment Fee is not timely received, the Arbitration may be cancelled and neither Juris nor the Arbitrator will accept any responsibility for any loss due to such cancellation.
Cancellation or Postponement of the Arbitration
- It is the responsibility of each party to communicate in writing to the Arbitrator and Juris (by letter or e-mail) any notice of cancellation or postponement.
- Where such notice is received more than six (6) months before the date fixed for the Arbitration, 10% of the Commitment 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 Commitment Fee is payable.
- Where such notice is received less than 4 weeks but more than 2 weeks in advance of the Arbitration, a Commitment Fee of 70% is payable; where such notice is received less than two weeks before the hearing, a Commitment Fee of 80% is payable; where such notice is received less than one week before the hearing a Commitment Fee of 90% is payable and where such notice is received on or after the date of hearing, a Commitment Fee of 90% is payable for each day allocated for which no hearing takes place.
- The Parties are responsible for cancelling any rooms, catering, services or supplies ordered for the Arbitration and for any associated cancellation charges.
- For the purpose of this payment policy, Saturdays and Sundays are counted as days.
- The Arbitrator and 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 documents held by Juris and the Arbitrator will be destroyed 30 days following the conclusion of the arbitration. Likewise, the parties’ access to the Juris portal will be removed.
- The Arbitrator and Juris acknowledge that, in connection with the Arbitration, they may become aware of information regarding the parties or the dispute which may be regarded as confidential. Neither the Arbitrator nor Juris will release or divulge confidential information regarding the parties or their dispute except as provided by law. This obligation, which they acknowledge, is over and above the duty of confidentiality owed by the Arbitrator.
- The law governing the Contract between Juris and each party is the law applicable in Northern Ireland and the venue for any disputes is Northern Ireland.