Arbitrator’s Fees and Disbursements Agreement
The parties agree to pay the arbitrator [number] dollars ($[amount]) per hour, to pay the arbitrator’s assistant $[amount] per hour, and to pay all out-of-pocket expenses.
A retainer of [number] dollars ($[amount]) will be paid to the arbitrator to cover the estimated time and the arbitrator’s anticipated out-of-pocket expenses. If the case is settled or terminated for any reason, the arbitrator will be paid for the arbitrator’s time and expenses incurred. The balance of the retainer, if any, will be refunded to the parties in proportion to their contributions. If the case is settled or terminated for any reason before the arbitrator renders a decision, the arbitrator will retain the greater sum of [number] dollars ($[amount]) per day or partial day, for time actually expended, or a minimum of [number] dollars ($[amount]), plus actual expenses incurred, from the retainer deposit and will return the balance, if any, to the party or parties making the deposit in proportion to their contributions.
Unless otherwise agreed in writing, each party executing this agreement is jointly and severally liable for any unpaid arbitrator’s fees and expenses not covered by the retainer. Allocation of ultimate fees and expenses will be set out in the arbitration decision and award.
If the initial retainer is exhausted before conclusion of the arbitration or rendition of the decision and award, it is agreed that an additional retainer will be paid on notice by the arbitrator to the attorneys for the parties. The parties understand and agree that the arbitrator is to be paid for all services and expenses before the arbitrator incurs them. At the arbitrator’s sole election, the proceeding may be postponed until the additional retainer is deposited with the arbitrator.
If the deposit is not made within the time required in the notice from the arbitrator, the arbitrator will have the unqualified right to withdraw from the proceeding with absolute impunity. Either party may advance the original or additional retainers with the understanding that the arbitrator’s decision and award will allocate liability for the advanced fees and expenses with one or both parties.
This agreement is signed in multiple counterparts that, in the aggregate, will constitute the agreement. Telefaxed signatures are acceptable.
Petitioner
Signed on
Respondent
Signed on