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For many years, people said the best thing about arbitration was that it was faster and cheaper. That is no longer true, not just in arbitration in the United States but also worldwide. Having experienced arbitration in various parts of the world, including a case in Hong Kong, it has become evident that arbitration practices tend to emulate local legal systems.
Consequently, arbitration has inherited both the positive and negative aspects of civil court litigation. Instead of offering a notably cheaper and significantly faster process, it might now be somewhat faster but is not notably cheaper. Parties involved in arbitration must bear the cost of an arbitrator, which can amount to twenty or thirty thousand dollars. Additionally, there are the high filing fees paid to the Arbitration Association, ranging somewhere between one thousand and twelve thousand dollars. Furthermore, parties still have to pay their lawyers for all the work involved.
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The Woodlands, TX commercial litigation attorney Steven C. Earl discusses the pros and cons of arbitration. He notes that for many years, arbitration was widely regarded as faster and more cost-effective than traditional litigation. However, this perception is no longer accurate, both in the United States and internationally. Drawing on his experience with arbitration in various jurisdictions, including a case in Hong Kong, he observes that arbitration often mirrors the practices of local legal systems.
As a result, arbitration has inherited both the advantages and disadvantages of civil court litigation. While it may be somewhat quicker than traditional courts, it is no longer significantly cheaper. Parties must cover the cost of the arbitrator, which can range from twenty to thirty thousand dollars, in addition to substantial filing fees paid to the Arbitration Association, typically between one thousand and twelve thousand dollars. On top of these expenses, parties are still responsible for legal fees for all work performed by their attorneys.