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Arbitration Schedule

Arbitration Schedule

INTERNATIONAL ARBITRATION FEES AND COSTS

Amount in Dispute
(USD)		 Arbitrator’s Fees
(USD)		 Administrative Costs
(USD)
Up to $50,000 $3,000 $1500
From $50,001 to $100,000 $3,000 + 7.5% excess over $50,000 $1,500 + 1.15% excess over $50,000
From $100,001 to $500,000 $6,750 + 3.5% excess over $100,000 $2,075 + 0.65% excess over $100,000
From $500,001 to $1,000,000 $20,750 + 2.75% excess over $500,000 $4,675 + 0.5% excess over $500,000
From $1,000,001 to $2,000,000 $34,500 + 1.25% excess over $1,000,000 $7,175 + 0.35% excess over $1,000,000
From $2,000,001 to $5,000,000 $47,000 + 0.55% excess over $2,000,000 $10,675 + 0.13% excess over $2,000,000
From $5,000,001 to $10,000,000 $63,500 + 0.32% excess over $5,000,000 $14,575 + 0.08% excess over $5,000,000
From $10,000,001 to $50,000,000 $79,500 + 0.16% excess over $10,000,000 $18,575 + 0.05% excess over $10,000,000
From $50,000,001 to $80,000,000 $143,500 + 0.07% excess over $50,000,000 $18,575 + 0.05% excess over $10,000,000
From $80,000,001 to $100,000,000 $164,500 + 0.05% excess over $80,000,000
From $100,000,001 to $500,000,000 $174,500 + 0.03% excess over $100,000,000
Above $500,000,001 $294,500 + 0.02% excess over $500,000,000 up to a maximum of $2,000.000



DOMESTIC ARBITRATION FEES AND COSTS

Amount in Dispute
(JMD)		 Arbitrator’s Fees
(JMD)		 Administrative Costs
(JMD)
Up to $2,000,000 $150,000 $50,000
From $2,000,001 to $5,000,000 $150,000 + 10% of excess over $2,000,000 $50,000 + 3.5% excess over $2,000,000
From $5,000,001 to $10,000,000 $450,000 + 12.5% of excess over $5,000,000 $155,000 + 2.25% excess over $5,000,000
From $10,000,001 to $20,000,000 $1,075,000 + 15% of excess over $10,000,000 $492,500 + 1.75% excess over $20,000,000
From $From 20,000,001 to $50,000,000 $2,575,000 + 17.25% of excess over $20,000,000 $1,017,500 + 1.25% excess over $50,000,000
From $50,000,001 to $75,000,000 $7,750,000 + 12% of excess over $50,000,000 $1,330,000 + 0.75% excess over $75,000,000
From $From 75,000,001 to $120,000,000 $10,750,500 + 8.75% of excess over $75,000,000 $1,667,000 + 0.35% excess over $120,000,000
From $120,000,001 to $150,000,000 $14,688,000 + 5.25% of excess over $120,000,000 $1,772,000 + 0.15% excess over $150,000,000
From $150,000,001 to $240,000,000 $16,263,000 + 3.45% of excess over $150,000,000 $1,907,000 (maximum)
From $240,000,001 to $300,000,000 $19,368,000 + 2.15% of excess over $240,000,000
From $300,000,001 to $1,500,000,000 $20,658,000 + 0.75% of excess over $300,000,000
Above $1,500,000,000 $29,658,000 + 0.05% of excess over $1,500,000,000 up to a maximum of $50,000,000


Emergency Interim Relief Costs and Fees

The following fees shall be payable upon making an application under Rule 7 for emergency interim relief:

International Arbitration
Administration Costs for Emergency Interim Relief Applications (non-refundable): USD1,500.00
Emergency Arbitrator’s Fees: USD7,000.00
Domestic Arbitration
Administration Costs for Emergency Interim Relief Applications (non-refundable): JMD150,000.00
Emergency Arbitrator’s Fees: JMD750,000.00


Notes on Fees

Registration Fees

  1. The registration fee as specified in Rule 2(1) (c), is non-refundable and does not constitute part of JAIAC’s administrative costs.
  2. The registration fee shall be payable by the claimant in full and shall not be subjected to any deductions.

Arbitral Tribunal Fees

  1. The fees payable to the arbitrator do not include any possible taxes such as service tax, withholding tax or other taxes or charges applicable to the arbitrator’s fees. Parties have a duty to pay any such taxes or charges; however the recovery of any such taxes or charges is a matter solely between the arbitrator and the parties.
  2. Arbitrator’s expenses:
    1. An arbitrator shall be entitled to claim for reasonable out-of-pocket expenses relating to reasonable travel, living and other miscellaneous expenses whilst attending to the arbitration proceedings.
    2. The arbitral tribunal’s reasonable out- of-pocket expenses necessarily incurred shall be borne by the parties and reimbursed at costs.
    3. The expenses will be reimbursed upon submission and verification by JAIAC of the supporting invoices and receipts in original.
    4. An arbitrator who is required to travel outside his place of residence will be reimbursed with business class airfare, subject to the submission of invoice or receipt in original to JAIAC for verification.
    5. In addition to the out-of-pocket expenses, a per diem of USD400.00 shall be paid to an arbitrator who is required to travel outside his place of residence, whenever overnight accommodation is required. Where no overnight accommodation is required, a per diem of USD100.00 shall be paid.
    6. The expenses covered by the per diem above shall include the following items which are not claimable as out-of- pocket expenses:
      1. Hotel accommodation;
      2. Meals/beverages;
      3. Laundry/dry cleaning/ironing;
      4. City transportation (excluding airport transfers);
      5. Communication costs (telephone, faxes, internet usage etc.); and
      6. Tips.
  3. Any disbursement towards the arbitrator’s out-of pocket and per diem expenses shall be additional to the arbitrator’s fees and do not form part of the advance preliminary deposits. Parties shall bear these costs separately in equal shares upon request by the Secretary General of the JAIAC.
  4. Payment of fees to arbitrator:
    1. The arbitrator’s fees shall only be payable upon the delivery of the award to the Secretary General in accordance with Rule 13;
    2. The arbitrator shall not be entitled to any interim fees;
    3. Where the arbitral tribunal constitutes more than one arbitrator, the chairman of the arbitral tribunal shall receive 40% of the total arbitrator’s fee and the co-arbitrators shall receive the remaining 60% in equal shares;
    4. Where an arbitration is settled or disposed of before the commencement of the hearing, the costs of the arbitration shall be determined by the Secretary General.


JAIAC Administrative Costs

  1. The JAIAC administrative costs shall be calculated in accordance with the Schedule.
  2. The JAIAC administrative costs shall be payable by the parties in equal shares and shall form a part of the advance preliminary deposit.
  3. The JAIAC administrative costs are not inclusive of other services such as rental of facilities, refreshments, secretarial assistance, transcription services, videoconferencing and interpretation services which shall be chargeable on the requesting party separately.

Advance Preliminary Deposit

  1. Advance preliminary deposit and/or additional deposits shall include the following:
    1. Fees of the arbitral tribunal [for a panel of more than one arbitrator, the total arbitrator’s fee shall be derived by multiplying the amount of an arbitrator’s fees with the number of the arbitrators].
    2. JAIAC administrative costs (as per Schedule of Fees).
    3. Bank charges amounting to JMD10,000.00 for domestic arbitrations or USD150.00 for international arbitrations.
  2. The advance preliminary deposit and additional deposits, if any, shall be payable by the parties in equal shares pursuant to Rule 14.

Emergency Arbitrator

  1. A party in need of emergency interim relief may, concurrent with or following the filing of a Commencement Request pursuant to Rule 2, but prior to the constitution of the arbitral tribunal, make an application for emergency interim measures.
  2. The application for emergency interim measures shall be made in writing and shall be sent simultaneously to the Secretary General and all other parties to the arbitration.
  3. The application for emergency interim relief shall include:
    1. name and contact details of the applicant;
    2. a copy of the relevant agreements, in particular of any written arbitration clause;
    3. a brief description of the legal and factual basis supporting the application;
    4. a statement certifying that all parties have been notified or an explanation of the steps taken in good faith to notify the other parties; and
    5. the JAIAC administrative fee pursuant to this Schedule.
  4. If the Secretary General grants the application, the Secretary General shall seek to appoint an emergency arbitrator within 2 days after the JAIAC has received the completed application pursuant to paragraph 3 of this Schedule.
  5. Prior to accepting appointment, a prospective emergency arbitrator shall disclose to the Secretary General any circumstance that may give rise to justifiable doubts as to his impartiality or independence.
  6. An emergency arbitrator may not act as an arbitrator in any future arbitration relating to the dispute, unless agreed by the parties.
  7. Once the emergency arbitrator has been appointed, the JAIAC shall so notify the parties. Thereafter, all written communications from the parties shall be submitted directly to the emergency arbitrator with a copy to the other party and JAIAC.
  8. In the event there is any challenge to the appointment of the emergency arbitrator, it must be made within one business day of the communication by the Secretary General to the parties of the appointment of the emergency arbitrator or the circumstances disclosed. Rule 5 shall apply to the emergency arbitrator, except that the time limits set out in the Rules 5(3) and 5(6) are reduced to one business day.
  9. If the parties have agreed on the seat of arbitration, such seat shall be the seat of the emergency interim measures proceedings. Where the parties have not agreed on the seat of arbitration, and without prejudice to the arbitral tribunal’s determination of the seat of arbitration pursuant Rule 7, the seat of the emergency interim measures proceedings shall be Kingston, Jamaica.
  10. The emergency arbitrator shall, as soon as possible but in any event within 2 days of appointment, establish a schedule for consideration of the application for emergency interim relief. Such schedule shall provide a reasonable opportunity to all parties to be heard but may provide for proceedings by telephone conference or on written submissions as alternatives to a formal hearing. The emergency arbitrator shall have the powers vested in the arbitral tribunal pursuant to these Rules, including the authority to rule on his own jurisdiction, and shall resolve any disputes over the application of this Schedule.
  11. The emergency arbitrator shall have the power to order or award any interim relief that he deems necessary. The emergency arbitrator shall give reasons for his decision in writing.
  12. Any order or award of the emergency arbitrator shall be made within 15 days from the date of appointment notification to parties and this period of time may be extended by agreement of the parties or, in appropriate circumstances, by the Secretary General.
  13. The emergency arbitrator shall deliver sufficient copies of the order or award to the Secretary General.
  14. The JAIAC shall notify the parties of its receipt of the order or award from the emergency arbitrator. The order or award shall be deemed to have been received by the parties upon collection by hand by an authorised representative or upon delivery by registered post.
  15. Upon the constitution of the arbitral tribunal:
    1. the emergency arbitrator shall have no further power to act;
    2. the arbitral tribunal may reconsider, modify or vacate the interim award or order of emergency interim relief issued by the emergency arbitrator; and
    3. the arbitral tribunal is not bound by the reasons given by the emergency arbitrator.
  16. Any order or award issued by the emergency arbitrator shall cease to be binding: if the arbitral tribunal is not constituted within 90 days of such order or award; when the arbitral tribunal makes a final award; or if the claim is withdrawn.
  17. Any interim award or order of emergency interim measures may be conditional on provision of appropriate security by the party seeking such relief.
  18. An order or award pursuant to this Schedule shall be binding on the parties when rendered. By agreeing to arbitration under these Rules, the parties undertake to comply with such an order or award without delay.
  19. The costs associated with any application pursuant to this Schedule shall initially be apportioned by the emergency arbitrator, subject to the power of the arbitral tribunal to determine the final apportionment of such costs.


B. Model Arbitration Clause

“Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the JAIAC Arbitration Rules.”

Recommended additions:

The language to be used in the arbitral proceedings shall be […]

This contract shall be governed by the law of […]

Before referring the dispute to arbitration, the parties shall seek an amicable settlement of that dispute by mediation in accordance with the JAIAC Mediation Rules, as in force on the date of the commencement of the mediation.


C. Model Submission Agreement

Parties wishing to substitute an existing arbitration clause for one referring the dispute to arbitration under the JAIAC Arbitration Rules may adopt the following form of agreement:

“The parties hereby agree that the dispute arising out of the contract dated _____________ shall be settled by arbitration under the JAIAC Arbitration Rules.”

This form may also be used where a contract does not contain an arbitration clause and the parties wish to have an ad hoc submission to arbitration.


D. Model Statements of Impartiality, Independence and Availability

No circumstances to disclose

I am impartial and independent of each of the parties and intend to remain so. To the best of my knowledge, there are no circumstances, past or present, likely to give rise to justifiable doubts as to my impartiality or independence. I shall promptly notify the parties and the other arbitrators of any such circumstances that may subsequently come to my attention during this arbitration.

Circumstances to disclose

I am impartial and independent of each of the parties and intend to remain so. Attached is a statement made pursuant to the adopted article 11 of the UNCITRAL Arbitration Rules of (a) my past and present professional, business and other relationships with the parties, and (b) other relevant circumstances. [Include statement.] I confirm that those circumstances do not affect my independence and impartiality. Furthermore, I shall promptly notify the parties and the other arbitrators of any such further relationships or circumstances that may subsequently come to my attention during this arbitration.

Statement of availability

I confirm, on the basis of the information now available to me, that I can devote the time necessary to conduct this arbitration diligently, efficiently and in accordance with the time limits in the Rules.

Code of Conduct For Arbitrator

Arbitration Overview

Guide To JAIAC Arbitration Rules

JAIAC Arbitration Rules

UNCITRAL Arbitration Rules