How are the costs of securities arbitration disputes divided?

In Washington, the costs of securities arbitration disputes are divided in several ways. Generally, each side pays their own legal fees, costs, and expenses associated with the dispute. The company responding to the arbitration claim, typically pays for the cost of the arbitration itself, although this cost can be shared between the parties if the arbitration agreement or other contract provides for it. In addition, the party that loses the dispute typically pays the costs of the opposing party. Costs can include filing fees and arbitrator fees, travel expenses for witnesses, document copying costs, and administrative support costs. Costs may also include the costs of expert witnesses and consultants, such as accountants, actuaries, and engineers. The costs incurred in the arbitration are generally determined by the arbitrator, who will consider the complexity of the dispute, the need for additional evidence, and other factors in determining the cost allocations. Finally, arbitrators may appear the award costs to a party if the other side has acted in bad faith or has otherwise acted unreasonably during the course of the arbitration. This is rare, however, as arbitrators generally attempt to keep the costs of a securities arbitration dispute to a minimum.

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How are the costs of securities arbitration disputes divided?

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