Fixed Fee Arbitrations are intended for parties who are able to co-operate in seeking a speedy resolution of their dispute. Disputes that can be resolved within a half to two day hearing would fall within this scheme. Where appropriate the parties may agree to dispense with an oral hearing.

An initial fixed fee is payable to cover the first stage of the arbitration up to and including the early preliminary meeting. At this preliminary meeting the arbitrator will discuss and define the issues with the help of the parties and give directions for the future conduct of the arbitration. This enables the arbitrator to focus the direction of the arbitration on the essential issues between the parties. By reason of the early focus on the issues and the streaming of the procedure, the Fixed Fee scheme may accordingly be perfectly appropriate for some complex or more substantial disputes.

The arbitrator may, in appropriate cases and with the consent of the parties, order that the presentation of evidence or argument be limited to a certain period of time, thereby enabling a case which would otherwise take longer than two days to remain as a Fixed Fee Arbitration.

Following the preliminary meeting the parties pay the remainder of the Fixed Fee on a scale depending upon the anticipated length of the hearing and whether or not an expert is required. The arbitrator will allocate the costs of the arbitration as between the parties in his award. Parties are responsible for paying their own legal fees and these are not generally recoverable in Fixed Fee Arbitrations.

Parties can choose an arbitrator from a range of three fee bands and the amount of the fixed fee will depend upon the fee band chosen and the length of the hearing. The scale for fixed fee arbitration is set out on the relevant fee sheet available from ACI.

ACI aims to have most arbitrations proceeding on a fixed fee basis completed within three to four months from the appointment of the arbitrator, a little longer if an expert is involved.

The Fixed Fee Arbitration Scheme is described in greater detail on pages b-c of the Introduction to the ACI Rules available on the ACI  printed documents page on this site.

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