February 2022 Archives

Remedies for Nonpayment - What are your thoughts?



What interim measures/orders have you seen parties request (under Rule 57 of the AAA Commercial Rules) for another party's non-payment of arbitrator fees and what types of relief have arbitrators awarded?

Please provide your thoughts/comments below.


What are your thoughts when each party to an arbitration would like to be responsible for the payment of its party-appointed arbitrator and the costs of the chair be split between the parties? Is there an appearance issue and/or potential ethical problem with such fee arrangements? Is it preferable to have a single pool of deposits for all three arbitrators?

Please provide your thoughts/comments below.


Have you ever heard a powerful and convincing analogy made by counsel during an arbitration proceeding? If yes, please explain why it was an effective analogy. What are the elements of a strong analogy in such proceedings?

Please provide your thoughts/comments below.


Do you see it as a problem when there is a significant difference in the hourly rates and/or higher amount of billing hours among Tribunal members on the same arbitration case? Does this have an impact on the process and how counsel and parties view arbitration in general? If you deem it to be a problem, what is the solution?

Please provide your thoughts/comments below.

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