Replies to post #53021 on InterDigital Inc (IDCC)

[Learning2vest]

Loop,

Hate to admit it, but what you are saying about the panel wanting to let the meter run and trying to give everybody something does seem more likely. Given the amount of freedom and autonomous authority that the members of an arbitration panel have, guess it's only natural that they would let human nature influence their behavior. My notion of "efficient justice thru arbitration" was probably naive and overly optimistic.

[olddog967]

Loophole: In regard to arbitrators being paid by the hour, that does not appear to be the case for ICC arbitration. According to their rules Arbitrator Fees are based on a sliding scale according to the dollar amounts involved in the dispute. For amounts over $100,000,000, which would be the case here, the stated fees are:

Minimum $61 750 + 0.01% of amt. over $100 000 000

Maximum $285 800 + 0.056% of amt. over $100 000 000

Article 2
Costs and Fees

1. Subject to Article 31(2) of the Rules, the Court shall fix the fees of the arbitrator in accordance with the scale hereinafter set out or, where the sum in dispute is not stated, at its discretion.

2. In setting the arbitrator's fees, the Court shall take into consideration the diligence of the arbitrator, the time spent, the rapidity of the proceedings, and the complexity of the dispute so as to arrive at a figure within the limits specified or, in exceptional circumstances (Article 31(2) of the Rules), at a figure higher or lower than those limits.

3. When a case is submitted to more than one arbitrator, the Court, at its discretion, shall have the right to increase the total fees up to a maximum which shall normally not exceed three times the fees of one arbitrator.