How To File An Independent Film & Television Alliance Arbitration Claim
An Independent Film & Television Alliance Arbitration claim may be filed in any dispute if the parties have provided for Independent Film & Television Alliance Arbitration (or IFTA Arbitration, 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 Independent Film & Television Alliance Arbitration.
UNIQUE PRE-ARBITRATION SETTLEMENT PROCEDURE
The Independent Film & Television Alliance has established a unique, optional, pre-arbitration settlement procedure. 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 and without the need to go to arbitration. (There is a $150 charge for non-IFTA Members. If the case goes forward to arbitration, the IFTA will credit this fee toward the full filing fee.) To use this pre-arbitration settlement procedure, simply use the filing procedure below and indicate to IFTA that you would like to pursue the pre-arbitration settlement procedure. (The $150 charge for non-IFTA Members should be included.)
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 Independent Film & Television Alliance Arbitration;
2. The names, addresses, phone and fax numbers, if available, of the parties;
3. The names, addresses, phone and fax numbers of the parties’ counsel or representative, if any or if known;
4. A copy of the clause or agreement providing for Independent Film & Television Alliance Arbitration (or IFTA Arbitration or AFMA Arbitration or American Film Marketing Association Arbitration);
5. A complete copy of the contract relating to the dispute;
6. A statement of the nature of the dispute and the amount involved, if any; and
7. A statement of the relief or remedy sought.
ARBITRATION FEE SCHEDULE
IFTA Arbitration fees may be divided into two categories: administrative fees and arbitrator fees.
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, if applicable, should accompany the filing of the Notice of Arbitration with the Independent Film & Television Alliance 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 Independent Film & Television Alliance Rules for International Arbitration) and the filing of a counterclaim or a cross claim (pursuant to Rule 8.5). Checks should be made payable to “IFTA” or the Credit Card Payment Form for Arbitration may be used.
Pursuant to the IFTA Rules for International Arbitration, the Notice of Arbitration will be forwarded via USPS certified mail to Respondents located within the United States. For Respondents located outside of the United States, the Notice of Arbitration will be forwarded via USPS registered airmail, which may take longer to track or confirm delivery. Claimants are encouraged to provide IFTA with a courier account number when filing their Notice of Arbitration to confirm Respondent's receipt of the Notice of Arbitration. The applicable courier fee will be charged to that account and confirmation of delivery will be provided to the IFTA Arbitrator appointed for that matter.
All IFTA Arbitration Awards will be sent to the email addresses or fax numbers provided by the Parties and followed by mail according to the foregoing procedures.
For IFTA Members:
Pre-Arbitration Settlement Procedure Fee: Complimentary for IFTA Members
Arbitration Filing Fee: 1% of the amount in dispute (minimum of US$200.00 and maximum of US$3,500.00).
Example: The amount in dispute is US$50,000.00. The Arbitration Filing Fee would be US$500.00 (1% amount of US$50,000.00, after pre-arbitration settlement period has elapsed, where applicable).
For Non-IFTA Members:
Pre-Arbitration Settlement Procedure Fee: US$150.00 (optional)
Arbitration Filing Fee: 1% of the amount in dispute (minimum of US$200.00 and maximum of US$4,500.00) minus the US$150.00 Pre-Arbitration Settlement Procedure Fee, where applicable. There is also a US$500.00 surcharge added to the 1% Arbitration Filing Fee for non-IFTA Members.
Example: The amount in dispute is US$50,000.00. The Arbitration Filing Fee would be US$850.00 (The 1% amount of US$500.00 minus the US$150.00 Pre-Arbitration Settlement Procedure Fee, where applicable, plus the surcharge of US$500.00).
Arbitrator Deposits (unused portions are refundable)
Arbitrators require that the parties pay 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. 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.
Except as noted above, any unused portion of the arbitrator deposit is returned to the parties who provided the deposit once the arbitration has finished. 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 ALL 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 firstname.lastname@example.org for more information.
Effective as of June 20, 2011.