Check whether an award assesses the fees and expenses

Key facts

Human involvement

Yellow · Close supervision

How AI is used

From the award and any agreement on costs, list whether a final award or an order disposing of all of the case assesses the administrative fees, the expenses, and the arbitrator compensation, and whether it apportions them. Do not draft an application or a costs submission.

What the lawyer must review

You decide what to ask the arbitrator to assess, and you write any submission. Rule R-49(c) says that in the final award, or in any order disposing of all of the case, the arbitrator shall assess the fees, expenses, and compensation provided in Rules R-55, R-56, and R-57. The arbitrator may also assess them in an order or award disposing of part of the case, and may apportion them among the parties in such amounts as the arbitrator determines is appropriate. Rule R-56 says the expenses of witnesses for either side shall be paid by the party producing them. All other expenses of the arbitration, including required travel and other expenses of the arbitrator, AAA representatives, and any witness, and the cost of any proof produced at the direct request of the arbitrator, shall be borne equally unless the parties agree otherwise or the arbitrator in the award assesses them against a specified party. The opened rules do not state a 14-day period for a costs application. 9 U.S.C. § 2 makes a written agreement adopting these rules enforceable. It does not itself allocate the fees.

Written for / version

United States versionUS