| Obsah článku |
|---|
| Arbitration vs. Adjudication: UK |
| Final decision ? |
| Cost of adjudication |
| Cost comparison |
| Timetable compared |
| Celý článok |
Stránka 3 z 5
Costs of adjudication compared with arbitrationAs for individual adjudicators Elliot (2006) describers medium hourly rate at 100 ₤, whilst “experienced construction lawyer will charge much more”. Costs of adjudication could be “substantial” but purportedly “still very much less of arbitration or litigation costs. This appearance is based on arbitration prices of some arbitration centres, which are really high, but also on the underestimate of adjudication nominating bodies charges.According to the Milligan, McShane (2012) “The Cost of Adjudication: How much? & When?” (based on Based on a paper submitted by Glasgow Caledonian University Adjudication Reporting Centre for the COBRA 2011 Conference) overall adjudicator costs for case the most popular band range was between ₤ 2,500 and ₤5,000, very closely followed by the range ₤15,001 to ₤ 20,000 . According to Report No 10 of the Adjudication Reporting Centre at GCU recent (2010) hourly rate oscilates between ₤ 151 – 175, while findings of Report No 11 and 12 evidence growth of mean hourly rate to band rate ₤ 176 – 200 and the second “popular” rate in the 2012 was over ₤ 200 (33 % of the sample, raising from 12,8 % in the previous year). In a separate sample of 240 adjudications, 70% of the total was charged at more than ₤175 per hour with half of those charged at over ₤ 200. In the Report No. 7 (published in august 2005) ARC emphasized that growth of hourly rates is also due the lawyers acting more and more as adjudicators (most of them charging more than ₤ 200 at hour). In the adjudications where lawyers were not adjudicators, on the other side most common experts involved were lawyers, again raising the costs of adjudication. We can (if somewhat crude) conclude that if lawyer adjudicator is not appointed this could led to appointment of lawyer as expert for adjudicator, while, if lawyer adjudicator is appointed, then charges probably will be at hourly rate over £200. Comprehensive data of ARC also reveals that adjudications taking 26-50 hours were most common in the year 2002 (Report No 4) while in the year 2000 (Report No 2) adjudications taking up to 20 hours and taking 21-50 hours were at par (each category with 42,8 per cent of adjudications). Mean adjudicator costs as early as in the year 2001 ( Report No 3) were ₤ 3,369. From the published relatively stable hours of performance (time budgets) of adjudications with gradual growth of hourly rates (from the year 2002 with most common range ₤ 76-100, followed by range ₤ 101-125 to the 2012 ranges ₤175-200 and over ₤ 200) we can in turn compute approximately mean adjudicator costs in the year 2012 as nearly twice that in the year 2001 (leaving aside slow rise of hours taken by adjudications). In contrast to the adjudication, arbitration, especially institutional is bound by fees tables proposed by arbitration institutions, mainly related to subject of dispute. In adjudication we have not such scheme, but we can use data about most common sum in dispute. In the ARC Report No 12 researchers from Glasgow Caledonian University provide us with the range ₤10,000 - ₤50,000 as the most common., (consistent with previous years) and range ₤100,000 - ₤250,000 as second most common (since the year 2008). Via these data set we can propose cost comparison model, based on the computing of four model causes, with the subject of the claim with ₤ 10,000, 50,000, 100,000 and 250,000 and compare the overall fees (without review or setting aside procedures) between mean costs according ARC, and costs of arbitration facilitated by JSM PCA with place of arbitration (seat of arbitration tribunal) in the Zurich, Switzerland.