Arbitration
FAQs

What is IFTA Arbitration?
IFTA Arbitration is a division of the Independent Film & Television Alliance, a nonprofit trade association offering this specialized service to the worldwide film and television industry. IFTA Arbitration is a legally binding dispute resolution mechanism which utilizes a neutral arbitrator to listen to legal arguments, review motions and evidence, conduct a hearing, and apply the IFTA Rules and governing law in order to issue an arbitration award within a specified timeframe. Parties agreeing in writing to IFTA Arbitration shall resolve the dispute pursuant to the IFTA Rules.
Who is the Arbitral Agent?

The Arbitral Agent is an IFTA staff member designated by the President of the Alliance to act as the neutral administrator for all arbitration and pre-arbitration matters conducted by IFTA Arbitration. The Arbitral Agent does not have authority to make any substantive decisions but is empowered by the IFTA Rules to make certain procedural decisions and take actions required for efficient administration of the arbitration procedures.

Must I have an attorney represent me?
No, but attorney representation or consultation is often enlisted because the arbitrator will require arguments or written briefs of the legal issues citing relevant statutory or case law. IFTA does not recommend or refer attorneys.
Where does the arbitration hearing take place?
IFTA Rules state that the arbitration hearing shall take place in the forum designated in the parties’ agreement, or if none is stated, Los Angeles, CA as the default forum. The parties may also agree to an arbitration conducted in a different forum.
I live outside the United States and cannot attend a hearing. Can I still participate in the arbitration?
Yes, upon the parties’ request and by the discretion of the arbitrator, the arbitrator may conduct a telephonic hearing.
Do the IFTA Rules for International Arbitration provide for interim relief?
Yes. IFTA Rule 10.1 provides that any party may apply to a court of appropriate jurisdiction for an interim order for the sole purpose of maintaining the status quo or otherwise preserving the rights of a party.
I have been named as a Respondent, a Counter-Respondent, Cross-Respondent or a Cross-Claimant in an arbitration. Can I file a statement of defense, counterclaim or cross-complaint?
Yes, Respondents may file a statement of defense or a counterclaim or cross-complaint no later than 21 days after receipt of a copy of the Notice of Arbitration and of the IFTA Rules from the Arbitral Agent. A Counter-Respondent, Cross-Respondent or Cross-Claimant may file a statement of defense or a counterclaim or cross-complaint not later than 14 days after receipt of the counterclaim or cross-complaint and the IFTA Rules from the Arbitral Agent. A counterclaim or cross-complaint shall set forth the same matters as required for a Notice of Arbitration. The fees for filing a counterclaim or cross-complaint are the same as the fees for filing an arbitration. (See How to File a Claim).
When, and how is a Final Award issued by the arbitrator?

Under the IFTA Rules, the Arbitrator must transmit the Final Award to the Arbitral Agent within 45 days after the matter is deemed submitted for decision. The Arbitral Agent will send the Final Award to the parties via email, to be followed by USPS certified or registered mail (if a party would like to receive the Final Award via courier mail, it must provide its courier account number). Any party may seek confirmation of and/or file or register the arbitrator’s award with any court having jurisdiction to confirm the award. IFTA Arbitration Awards are enforceable in the U.S. and internationally (under the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards).

Can I receive a copy of an Arbitration Award for an arbitration to which I was not a party?
No, the proceedings are confidential to the parties. Brief summaries of Final IFTA Arbitration Awards issued from January 1, 2007 onward are posted on the IFTA website.
Does IFTA have a mediation program? Is it possible for a dispute be settled without going to arbitration?
IFTA does not have a separate mediation program. IFTA Arbitration does offer a 10-day Settlement Period Notice for Claimants who wish to first seek a business resolution prior to the filing of an IFTA Arbitration. Once an IFTA Arbitration is filed, the IFTA Rules provide that the arbitrator may participate in settlement discussions with the parties if the parties initiate such discussions and request that the arbitrator act as a mediator. However, if mediation fails and the parties go forward with arbitration, the mediator will be prohibited from acting as the arbitrator for that matter.
How are arbitrators selected for the IFTA Panel?
Arbitrators are admitted to the Panel based on expertise in international film financing, production, distribution, litigation and arbitration experience, location of legal practice, and IFTA’s current need to add more arbitrators to the Panel. The IFTA Panel is reviewed annually by the IFTA Arbitration Advisory Committee.
Who are the current members of the IFTA Arbitration Advisory Committee?

Buyer Representatives:
Fiorenza Cella, Free Dolphin Entertainment, France
Ludolph Wentholt, E1 Entertainment Benelux, The Netherlands

Seller Representatives:
Mimi Steinbauer, Radiant Films, United States
Kimberly Ferguson, Independent, United States
Scott Jones, Artist View Entertainment, United States

Arbitrators:
Dixon Dern, United States
Louise Nemschoff, United States

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