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Who pays the arbitrators and how are they paid?

Arbitrators who are appointed through an institution may be subject to a fixed scale of fees depending on the value of the dispute and other criteria. However, there may also be some flexibility on the arbitrators fees and the arbitrators may offer lower fees than the maximum scale rates.

In professionally managed institutions, the arbitrators fees will be paid through an advance payment process whereby the parties pay the institute the advance. The arbitrators are then paid by the institute. The terms of remuneration may in certain jurisdictions first be agreed by the appointing party, but later they should be disclosed and all parties should ideally be asked to agree a final document setting out all terms.

The parties will be jointly and severally liable for the fees, and if under the contract, rules and applicable law the costs of the arbitration are awarded to a party in part or in whole, then the other party must meet those costs including the costs of the arbitrator not appointed by that party. During proceedings, the arbitrators will ensure that they have fees on account and if they have drafted their terms of appointment properly, they can cease their works or delay issuance of a final award until their fees are paid.

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