Fixed Fee Arbitration

Our fixed fee Arbitration model provides a commercially viable route for the majority of Shareholder or Partnership Arbitrations with our specialist Arbitrator.

The fees cover preparation and up to 7 hours of oral submissions and /or evidence (one day).

About the service

Each arbitration will be conducted according to the rules of arbitration selected either through the parties' prior agreement (typically in a Shareholders Agreement or a Partnership Agreement) or alternatively by the arbitrator choosing the established rules from one of the major arbitration providers, which the arbitrator believes are appropriate in the circumstances.

Eligible cases

• Two party disputes.
• The subject of the arbitration must be a monetary claim although it may include an application for injunctive relief and/or delivery up of goods money or property.
• Both parties must agree to pay the relevant fee before arbitration is commenced and the arbitrator's diary is held.

Ineligible cases

The fixed fee arbitration offering is intended to cover the majority of arbitration which occur in our specialist area of Shareholder or Partnership disputes. Cases which are not eligible for the fixed fee service include:

• Disputes between more than two parties (but we are happy to quote for these on a bespoke basis).
• Pure property disputes involving a right of way or boundary issue, clinical negligence or personal injury (as these claims rarely arise in the context of Shareholder and Partnership disputes).
• Disputes with a combined claim and counterclaim value in excess of £2.5 million.
• Disputes which arise outside the jurisdiction of the courts of England & Wales.

Costs

The costs are determined based upon the total value of the claim and counterclaim. The rates assume that the arbitrator will pre-read one arbitration bundle of up to 350 pages and will deliver a written award.

Any Case Management Hearings, interlocutory issues or disputes about the wording of a Court Order or Arbitration Order to give effect to the award will incur a separate fee.

How to use this service

The steps to utilise and access this service are as follows:

• Both parties should agree to arbitrate using our specialist Shareholder or Partnership fixed fee service.
• One or both parties to contact, copying in the other if writing alone, a request for access to the service by email.
• Arbitration and mediation services will confirm that there is no conflict after a check, or we will decline to act if there is any conflict of interest.
• The Arbitration Agreement and an invoice for payment of fees will be provided to both parties.
• Both parties shall pay the fees above (split on a 50/50 basis unless agreed otherwise by the parties themselves).
• The papers will be reviewed following receipt of the Arbitration Agreement and payment of fee and if Direction shall be issued or confirmation shall be issued if the papers do not want to make oral submissions that a paper only Arbitration Award can be prepared.