YCAP Survey of Costs in Canadian Arbitration

Please fill out this survey for each Canadian arbitration matter your firm has handled in the past 5 years that has resulted in a final costs award. If multiple references were heard together and determined as one proceeding, please treat as one case.

For our purposes:

a matter is “Canadian” if the arbitration is seated in Canada, irrespective of the nationalities of the parties, counsel or arbitrators; and

"Costs" includes legal and expert fees and disbursements.

We understand that you are busy, so we would appreciate receiving estimated or approximate figures if exact figures are too onerous to look up. Similarly, please answer as many questions as you can.

The Young Canadian Arbitration Practitioners ("YCAP") intends to use this survey to publish a report setting out the practice of costs awards for Canadian arbitrations. It will not be used for any other purpose. All information received will be reviewed on an anonymous basis for this sole purpose.

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* 1. Date of final award (DD/MM/YYYY):

Question Title

* 2. Core Attributes: ad hoc or institutional

Ad hoc

Institutional (ICC)

Institutional (AAA/ICDR)

Institutional (LCIA)

Institutional (ADRIC)

Institutional (SIAC)

Institutional (VanIAC)

Institutional (Other)

Other (please explain)

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* 3. Core Attributes: domestic or international?

Domestic

International

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* 4. Core Attributes: number of tribunal members?

Other (please explain)

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* 5. Core Attributes: Seat (i.e., name of city)

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* 6. Amount in dispute:

(If there was a counterclaim, please aggregate the claim and counterclaim values. If the claim values changed through time, please use the figures that were in play at the start of the final hearing. Please treat non-monetary relief as being nil. If currency is not in Canadian dollars, please indicate currency.)

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* 7. Outcome:

Claim succeeded

Claim failed

Mixed success

Other (please explain)

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* 8. Costs claimed:

(If currency is not in Canadian dollars, please indicate currency.)

Costs claimed by claimant:

Costs claimed by respondent:

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* 9. Costs awarded to

Claimant

Respondent

No costs awarded

What amount of costs were awarded?

(If currency is not in Canadian dollars, please indicate currency.)

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* 10. What scale of costs were sought?

Solicitor-and-own-client (i.e. all legal fees incurred by the successful party, regardless of the reasonableness of such fees or full indemnity). If awarded, on which of the following bases?

Solicitor-and-client (only reasonable legal fees incurred by the successful party)

Percentage of solicitor-and-own client costs; If so, what percentage?

Percentage of solicitor-and-client costs; If so, what percentage?

Application of a form of Court tariff

Please explain, if needed:

Question Title

* 11. What scale of costs were awarded?

Solicitor-and-own-client (i.e. all legal fees incurred by the successful party, regardless of the reasonableness of such fees or full indemnity). If awarded, on which of the following bases?

Solicitor-and-client (only reasonable legal fees incurred by the successful party)

Percentage of solicitor-and-own client costs; If so, what percentage?

Percentage of solicitor-and-client costs; If so, what percentage?

Based on a form of Court tariff

If a percentage of solicitor-and-own client or solicitor-and-client costs were awarded, what percentage?

Question Title

* 12. On what basis were costs sought?

(Please tick as many as are applicable).

Awarded pursuant to the contract

Awarded as a norm of arbitration (i.e. the "loser pays" principle that requires the costs of the arbitration to be borne by the unsuccessful party)

Outcome of main claim

Outcome of interim applications

Past offers made

Refusal to mediate

Dishonesty proved

Dishonesty alleged but not proved

Conduct of party (apart from above)

Conduct of counsel

Application of a form of Court tariff

Other

Question Title

* 13. What factors formed part of the Tribunal's costs award?

(Please tick as many as are applicable).

Awarded pursuant to the contract

Awarded as a norm of arbitration (i.e. the "loser pays" principle that requires the costs of the arbitration to be borne by the unsuccessful party)

Outcome of main claim

Outcome of interim applications

Past offers made

Refusal to mediate

Dishonesty proved

Dishonesty alleged but not proved

Conduct of party (apart from above)

Conduct of counsel

Application of a form of Court tariff

Other

Question Title

* 14. Settlement Offers made on the merits of the dispute:

	Yes	No
Did the parties raise settlement offers during the costs proceeding?	Did the parties raise settlement offers during the costs proceeding? Yes	Did the parties raise settlement offers during the costs proceeding? No
If so, did the Tribunal take the settlement offers into account?	If so, did the Tribunal take the settlement offers into account? Yes	If so, did the Tribunal take the settlement offers into account? No

If the Tribunal took settlement offers into account, please explain how:

Question Title

* 15. Third Party Funding

	Yes	No
Was a third party funder involved?	Was a third party funder involved? Yes	Was a third party funder involved? No
If so, did that impact costs?	If so, did that impact costs? Yes	If so, did that impact costs? No

If third party funding impacted costs, please explain how:

YCAP Survey of Costs in Canadian Arbitration

Question Title

* 1. Date of final award (DD/MM/YYYY):

Question Title

* 2. Core Attributes: ad hoc or institutional

Question Title

* 3. Core Attributes: domestic or international?

Question Title

* 4. Core Attributes: number of tribunal members?

Question Title

* 5. Core Attributes: Seat (i.e., name of city)

Question Title

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* 7. Outcome:

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* 8. Costs claimed:(If currency is not in Canadian dollars, please indicate currency.)

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* 9. Costs awarded to

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* 10. What scale of costs were sought?

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* 11. What scale of costs were awarded?

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* 12. On what basis were costs sought? (Please tick as many as are applicable).

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* 13. What factors formed part of the Tribunal's costs award?(Please tick as many as are applicable).

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* 14. Settlement Offers made on the merits of the dispute:

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* 15. Third Party Funding

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* 16. Any other comments about costs / costs recovery in this case?

* 8. Costs claimed:

(If currency is not in Canadian dollars, please indicate currency.)

* 12. On what basis were costs sought?

(Please tick as many as are applicable).

* 13. What factors formed part of the Tribunal's costs award?

(Please tick as many as are applicable).