Costs and Fees
(filing fees and arbitrator compensation)

The cost of an arbitration administered by Arbitration Service of Portland (ASP) consists of an administrative filing fee paid to ASP and the compensation paid to the arbitrator(s).

Filing Fees: Whoever initiates the arbitration pays the filing fee. ASP's filing fees are non-refundable and are based upon the number of parties (sides) to the dispute and the amount in controversy:

If the amount in controversy does not exceeed $100,000, the filing fee is:

$400 (the minimum fee) for a dispute that involves two parties (sides),
plus
$100 for each additional party (side) to the dispute.
     (For example: in a real estate dispute, if the buyers (a husband and wife) seek damages against the sellers (three sisters) the filing fee would be $400 (for what is deemed to be a dispute between two parties (sides) to the dispute); but if the buyers also seek damages against the seller's real estate agent, the dispute would involve three parties, and the filing fee claimant pays would be $500.)

If the amount in controversy exceeds $100,000, the filing fee is:

$600 (the minimum fee) for a dispute that involves two parties (sides) to the dispute,
plus
$200 for each additional party (side) to the dispute.

Arbitrator Compensation: An ASP arbitrator receives his/her regular hourly rate, which the parties jointly pay to the arbitrator (but the hourly rate cannot exceed $250 per hour).

Number of Arbitrators: Unless the parties have agreed otherwise, a sole arbitrator decides disputes that do not exceed $100,000, and a three-person panel decides disputes over $100,000.

Recovery of Fees/Compensation: ASP's rules authorize the arbitrator(s) to award as a recoverable cost any filing fee or arbitrator compensation paid by the prevailing party (unless the parties have agreed to share those expenses).

Attorney Fees: ASP's rules permit the arbitrator(s) to award attorney fees to a prevailing party if attorney fees are expressly authorized by the parties' contract or by statute. (Any party may (but is not required to) be represented by an attorney during any part of the arbitration process.)

 

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