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.
1.Date of final award (DD/MM/YYYY):
2.Core Attributes: ad hoc or institutional
3.Core Attributes: domestic or international?
4.Core Attributes: number of tribunal members?
5.Core Attributes: Seat (i.e., name of city)
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.)
7.Outcome:
8.Costs claimed:

(If currency is not in Canadian dollars, please indicate currency.)
9.Costs awarded to
10.What scale of costs were sought?
11.What scale of costs were awarded?
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).
14.Settlement Offers made on the merits of the dispute:
Yes
No
Did the parties raise settlement offers during the costs proceeding?
If so, did the Tribunal take the settlement offers into account?
15.Third Party Funding
Yes
No
Was a third party funder involved?
If so, did that impact costs?
16.Any other comments about costs / costs recovery in this case?
Current Progress,
0 of 16 answered