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An Independent Film & Television Alliance ("IFTA") Arbitration claim may be filed in any dispute if the parties have provided for IFTA Arbitration (or AFMA Arbitration or American Film Marketing Association Arbitration) either in their contract or in a subsequent letter agreement at the time the claim is filed. The parties do not have to be members of IFTA to participate in IFTA Arbitration.
UNIQUE PRE-ARBITRATION SETTLEMENT PROCEDURE
IFTA has established a unique, optional, pre-arbitration settlement procedure. For $50 (plus a $100 surcharge for cases filed by a non-IFTA Member), IFTA will send a letter to the other party providing for a 10-day settlement period before the arbitration is formally initiated. Many disputes have been resolved this way without the need to go to arbitration. If the case goes forward to arbitration, IFTA will credit this fee toward the full filing fee. To use this pre-arbitration settlement procedure, simply use the filing procedure below and include the pre-arbitration settlement fee with your claim rather than the full filing fee.
ARBITRATION FILING PROCEDURE
The procedure for filing all claims is to send a "Notice of Arbitration" to the other party and to the IFTA Arbitral Agent. As all claims are different, there are no forms to fill out. A letter will suffice. However, the Notice of Arbitration must contain:
1. A demand that the dispute be referred to IFTA Arbitration.
2. The names, addresses, phone and fax numbers, if available, of the parties,
and of the filing party's counsel or representative, if any;
3. A statement of the nature of the dispute and the amount involved, if any;
4. A statement of the relief or remedy sought;
5. A copy of the clause or agreement providing for IFTA Arbitration (or
AFMA Arbitration or American Film Marketing Association Arbitration); and
6. A complete copy of the contract relating to the dispute.
For more information, please contact Richonda Starkey, Arbitral Agent, at rstarkey@ifta-online.org or at IFTA, 10850 Wilshire Blvd, 9th Floor, Los Angeles, CA 90024-4321 USA; Tel: 310-446-1047; Fax: 310-446-1600.
ARBITRATION FEE SCHEDULE
IFTA Arbitration fees may be divided into two categories: administrative fees and arbitrator deposits.
ADMINISTRATIVE FEES (all administrative fees are non-refundable)
There are two types of administrative fees for IFTA Arbitrations: Pre-Arbitration Settlement Procedure fees and Arbitration filing fees. The Pre-Arbitration Settlement Procedure fee should accompany the filing of the Notice of Arbitration with the IFTA Arbitration Tribunal along with a request to use the Pre-Arbitration Settlement Procedure. Please note that the Pre-Arbitration Settlement Procedure is optional. The Arbitration filing fee should accompany the filing of a claim or Notice of Arbitration (pursuant to Rule 2 of the IFTA Rules for International Arbitration) and the filing of a counterclaim or a cross claim (pursuant to Rule 8.5).
For IFTA Members:
Pre-Arbitration Settlement Procedure fee: US$50.00
Arbitration filing fee: 1% of the amount in dispute (minimum US$200.00 and maximum of US$3,500.00) minus the pre-paid US$50.00, where applicable.
Example: The amount in dispute is US$50,000.00. The arbitration fee would be US$450.00 (The 1% amount of US$500.00 minus the pre-paid US$50.00).
For Non-IFTA Members:
Pre-Arbitration Settlement Procedure fee: US$50.00 plus a US$100.00 surcharge
Arbitration filing fee: 1% of the amount in dispute (minimum US$200.00 and maximum of US$4,500.00) minus the pre-paid US$150.00, where applicable. There is a US$500.00
surcharge added to the 1% arbitration filing fee.
Example: The amount in dispute is US$50,000.00. The arbitration fee would be US$850.00 (The 1% amount of US$500.00 minus the pre-paid US$150.00, plus the surcharge of US$500.00).
ARBITRATOR DEPOSITS (unused portions are refundable)
Arbitrators require that the parties offer up a specified deposit amount. From that deposit amount, the assigned arbitrator will deduct his/her hourly fee in direct proportion to the amount of work done on the arbitration. In the case of a default, the minimum charge shall be the amount of the initial deposit. Please note, if one party fails to participate in the arbitration, the arbitrator has the discretion to require the participating party to provide the absent party’s arbitrator deposit as well as its own.
Any unused portion of the arbitrator deposit is returned to the parties which provided the deposit once the arbitration has finished except as noted above. If the amount of time spent by the arbitrator on a particular arbitration exceeds the amount of the deposit, the arbitrator may require the parties to provide the additional fees. In some cases, the arbitrator requires the prevailing (i.e., winning) party to pay the additional arbitrator fee and then the arbitrator includes that amount in the arbitration award to be recovered from the non-prevailing party.
ARBITRATOR FEES WHEN THE MATTER INVOLVES AN IFTA MEMBER
Initial deposit: US$1,500.00.
Hourly rate: US$300.00 per hour.
ARBITRATOR FEES WHEN THE MATTER INVOLVES NON-IFTA MEMBERS
Initial deposit: US$1,500.00.
Hourly rate: US$350.00 per hour.
Please note that all arbitrator fees are exclusive of any applicable taxes. For fees for arbitrators located in the United Kingdom, please contact Richonda Starkey, Arbitral Agent at rstarkey@ifta-online.org for more information.
Current as of July 1st, 2007
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