My hourly rate applies to all time I spend drafting and/or advising as to the drafting of the arbitration agreement, in surveying and advising as to best procedure, laying down a timetable, review of materials submitted by the parties, preparation, hearing time, drafting (Directions, Awards, Supplementary Awards), written, e-mail and telephone correspondence, billing and administration.
I do not charge time in blocks such as "half-day" or "full day" because I think that form of billing can work unfairly for the parties. I bill the time actually used in rendering the arbitration services outlined above, at the hourly rates set out there.
The parties will each provide an initial retainer as negotiated with counsel, and may be required to refresh these retainers from time to time as I direct.
I will hold the retainers, and any payments to refresh the retainers, as security for payment of my fees, disbursements and H.S.T., and apply them on account of those items from time to time, pursuant to my Acceptance and Undertaking in that regard.
The parties are entitled to and will receive accounts in writing from me from time to time as the arbitration proceeds. The accounts will set out the arbitrator's hours and services rendered in the case, and disbursements incurred.
My accounts will also show all retainers received and how they have been applied, both as to monies applied in payment or reduction of any such billing, and as to monies I may continue to hold as security, if any.
If any balance of the retainers remains on hand after application of the retainers to my final account, that balance will be returned to the parties in the proportion of their respective contributions, or paid otherwise as instructed by them in writing.
Any balance on an account unpaid after application of retainers is payable net 30 days from the date of the account.
The parties will be liable on a joint and several basis for payment of my fees, plus reasonable disbursements incurred, and the H.S.T. payable upon both, all as may be billed and billable by me from time to time.
Should one of the parties fail or refuse to pay to me its share of an account for fees, disbursements and H.S.T., or a retainer or payment required to refresh a retainer, I may require and accept payment of any defaulting party's share from any other party, and may make such direction as to reimbursement of that payment to the paying party by the defaulting party as I may consider proper.
In the event that monies owed to me by way of fees, disbursements and/or H.S.T. are outstanding when I am ready to release an Award and/or Supplementary Award, I may withhold the Award and Supplementary Award, or either of them, until all such monies have been paid.
If the arbitration is cancelled at any time prior to 5 business days before the Arbitration Hearing is scheduled to begin, I will charge only for the services rendered and disbursements incurred up to the time of notice of the cancellation (plus H.S.T.).
If the mediation is cancelled within 5 business days before the date scheduled for the beginning of the Arbitration Hearing, I will charge a cancellation fee of $2,000.00 for every day that had been scheduled for the hearing, plus H.S.T., which fee will be payable by the parties equally, unless the parties otherwise agree.