Clear and proportionate remuneration
The cost of arbitration depends on the issues in dispute, the amount and complexity of the evidence, the procedure adopted, and whether an oral hearing is required.
I publish my standard rates so that parties and counsel can assess the likely tribunal cost before an appointment is confirmed. Where possible, I will also provide an initial estimate based on the anticipated procedure and scope of work.
New Zealand appointments
My standard rates for New Zealand commercial arbitration are:
- Full hearing day, up to seven hours: NZD $5,000 plus GST
- Other arbitral work: NZD $600 plus GST per hour
Other arbitral work includes:
- preliminary and procedural conferences
- correspondence and procedural directions
- review of pleadings, evidence and submissions
- preparation for hearings
- interlocutory and interim applications
- deliberation, research and preparation of procedural decisions
- preparation and correction of awards
Hearing time beyond the applicable daily allowance is charged at the hourly rate.
International appointments
For international appointments involving overseas parties or a seat outside New Zealand, my standard rates are:
- Full hearing day, up to seven hours: USD $4,000
- Other arbitral work: USD $500 per hour
Applicable taxes, if any, are additional. A different currency or fee arrangement may be agreed when the appointment is confirmed.
Hearing-day fees
A hearing-day fee covers the reservation of the hearing date and attendance as arbitrator. It does not include advance preparation, substantive post-hearing work, deliberation or preparation of the award, which are charged at the applicable hourly rate.
The same professional rates apply to online and in-person hearings.
Fixed and capped fees
A fixed or capped fee may be agreed for a suitably defined process, including:
- documents-only arbitration
- expedited arbitration
- a discrete preliminary or jurisdictional issue
- a defined interlocutory application
Any fixed or capped arrangement will identify the work and materials included, the applicable procedural assumptions, and what will occur if the scope materially changes.
Institutional arbitration
Where an arbitration is conducted under institutional rules, the arbitrator’s remuneration will be determined consistently with those rules and any fee arrangements approved by the institution.
Estimates and deposits
Once the proposed procedure and scope of the dispute are sufficiently clear, I may provide an estimate of the likely tribunal fees and request deposits or advances from the parties.
Estimates will be reviewed if the procedure, hearing length, volume of evidence or issues in dispute materially change. An estimate is not a fixed fee or cap unless expressly stated to be one.
The parties will ordinarily be asked to provide deposits in equal shares, without affecting the tribunal’s ultimate power to determine responsibility for the costs of the arbitration.
Expenses
Routine administration and the standard online hearing facility are included in the professional rates.
External expenses such as hearing venues, transcription, interpretation, specialist technology, travel and accommodation are additional. Material expenses will be discussed with the parties in advance and charged at cost.
Any charge for substantial travel time will be agreed before the travel is undertaken.
Cancellation of reserved hearing dates
Reserved hearing dates are subject to the cancellation provisions in the Terms of Appointment. Those provisions are disclosed and agreed before the appointment is confirmed.
Fee enquiries
Counsel and parties are welcome to enquire about availability, conflicts, the appropriate procedure and likely tribunal fees.
An initial enquiry should, where possible, include:
- the names of the parties and their advisers
- a copy of the arbitration agreement
- the approximate amount in dispute
- a short description of the principal issues
- any proposed seat, rules or timetable
Substantive or confidential materials should not be provided until an initial conflict check has been completed.
