A dispute resolution package should be cost-effective. Its costs should be transparent. You should know where you stand. You should know what you are paying and how it compares to the value of the dispute itself.
My rate of charge is £180 per hour plus VAT.
I can cap or limit my fees. The cap will be determined by the value of the dispute. When parties approach me I will invite each party to estimate the value. This in turn will inform the cap on my fees - to be agreed with both parties.
I am legally qualified and do not require a clerk. That saves expense.
Any travel time that is reasonably necessary will be charged at half of the hourly rate with travel & accommodation expenses limited to those necessary at a reasonable level.
All parties receive a breakdown of my fees and expenses. They can be scrutinized by the Auditor of the Court of Session.
Should you have any questions or require further clarification please do not hesitate to contact me.
My rate of charge is £180 per hour plus VAT.
I can cap or limit my fees. The cap will be determined by the value of the dispute. When parties approach me I will invite each party to estimate the value. This in turn will inform the cap on my fees - to be agreed with both parties.
I am legally qualified and do not require a clerk. That saves expense.
Any travel time that is reasonably necessary will be charged at half of the hourly rate with travel & accommodation expenses limited to those necessary at a reasonable level.
All parties receive a breakdown of my fees and expenses. They can be scrutinized by the Auditor of the Court of Session.
Should you have any questions or require further clarification please do not hesitate to contact me.
Upon my terms and conditions being agreed I will ask the parties to make a payment to account (advance) within a certain period of time (e.g. 14 days). This payment includes my fees and outgoings and is calculated on the basis of an estimate of the time to be taken to reach a particular stage of the process (e.g. the exchange of statements of case). Each party is asked to pay an equal part of the advance.
The arbitration will not proceed until the advance has been fully paid. Should one party not pay its share, in order to move the arbitration forward, the other party will be asked to pay the non-payer’s share. All parties are jointly and severally liable for meeting the whole advance (i.e. the paying party can sue the non-payer for their share while the arbitration in ongoing).
The advance will be held in an arbitration bank account in trust for the parties until the issue of my invoices. Further advances are requested as the arbitration proceeds. Any uninvoiced part of an advance is returned to the parties at the end of the arbitration.
The final allocation of my fees and outgoings between the parties will be decided by me in the course of the arbitration, when making awards of expenses.
The arbitration will not proceed until the advance has been fully paid. Should one party not pay its share, in order to move the arbitration forward, the other party will be asked to pay the non-payer’s share. All parties are jointly and severally liable for meeting the whole advance (i.e. the paying party can sue the non-payer for their share while the arbitration in ongoing).
The advance will be held in an arbitration bank account in trust for the parties until the issue of my invoices. Further advances are requested as the arbitration proceeds. Any uninvoiced part of an advance is returned to the parties at the end of the arbitration.
The final allocation of my fees and outgoings between the parties will be decided by me in the course of the arbitration, when making awards of expenses.
This covers the time period between my terms and conditions being agreed and the day the arbitral award is rendered.
Parties can agree between themselves on the duration of the arbitration. I will seek to accommodate that.
Otherwise the arbitration might last between 6 and 12 months. For disputes being decided on the documents only (without hearing witnesses) the duration will generally be less, say up to 4 months.
Parties can agree between themselves on the duration of the arbitration. I will seek to accommodate that.
Otherwise the arbitration might last between 6 and 12 months. For disputes being decided on the documents only (without hearing witnesses) the duration will generally be less, say up to 4 months.
My first task is to draft a Procedural Timetable. In addition, depending on the extent to which parties have focused their dispute I may also wish to draw up Terms of Reference setting out the disputed issues and the remedies sought. I will usually submit drafts of these to the parties and organize a first meeting in order for the parties to approve and sign the Terms of Reference and discuss the Procedural Timetable.
In the Terms of Reference, the remedies (outcomes) sought by the parties are set out, the correspondence addresses to which mail can be sent, the language and seat of arbitration and a list of the issues that are in dispute.
The Terms of Reference enable both myself as the arbitrator and the parties to have a well-ordered description of the scope of the arbitration.
The Terms of Reference enable both myself as the arbitrator and the parties to have a well-ordered description of the scope of the arbitration.
The parties can help by paying the advance on fees and expenses as soon as possible, by actively collaborating in the drawing-up and the signature of any Terms of Reference, by agreeing a common statement of facts and undisputed evidence, by agreeing to and respecting strict deadlines in the Procedural Timetable and by avoiding requests for unnecessary extensions of time.
In short, the narrower the dispute, the less time is needed to resolve it and the cheaper the process is.
In short, the narrower the dispute, the less time is needed to resolve it and the cheaper the process is.
If the parties settle their dispute during the arbitral proceedings, they should let me know. I will then ask the parties if they wish me to incorporate their settlement into an award of consent, the advantage of this being that such an award may be directly enforceable and there is a formal record of the end of the arbitration. If the parties don’t wish a consent award I will proceed to issue a final invoice and if appropriate, refund any excess payment.
No, unlike most court proceedings a party in an arbitration does not need a lawyer. No representative is necessary.
Any person lawfully authorized by you can act as your representative (I may ask for proof of that authority) provided that it doesn’t create a conflict of interest. All representatives or change of representative should be notified to me.
There can be a situation where one party has a lawyer representative and the other does not.
You or your representative will have to be aware of the Arbitration (Scotland) Act 2010 and the Scottish Arbitration Rules which are contained at the end of the Act. The Act is available on www.legislation.gov.uk. It sets out the rules for the arbitration although I may suggest the addition of some other rules to clarify matters not covered by the Act’s rules.
Any person lawfully authorized by you can act as your representative (I may ask for proof of that authority) provided that it doesn’t create a conflict of interest. All representatives or change of representative should be notified to me.
There can be a situation where one party has a lawyer representative and the other does not.
You or your representative will have to be aware of the Arbitration (Scotland) Act 2010 and the Scottish Arbitration Rules which are contained at the end of the Act. The Act is available on www.legislation.gov.uk. It sets out the rules for the arbitration although I may suggest the addition of some other rules to clarify matters not covered by the Act’s rules.