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What Can I Expect from the IFTA Arbitration™ Process?

IFTA Arbitration is a specialized dispute resolution forum available to the worldwide film and television industry.  Disputes involving written agreements with an IFTA Arbitration clause (designating IFTA Arbitration, or IFTA Rules) may be legally resolved through IFTA’s long established, neutral arbitration tribunal. Parties can also agree at any time to utilize IFTA Arbitration.

How Do I File A Claim with IFTA Arbitration?

IFTA Arbitration requires that Claimants pursuing an IFTA Arbitration must serve a Notice of Arbitration on the Respondent and the Arbitral Agent. If the Claimant will utilize the optional 10-Day Settlement Letter prior to proceeding to arbitration, please refer to the section below.

For more information, contact:
Richonda Starkey, Arbitral Agent
1-310-446-1047 | rstarkey@ifta-online.org

The Notice of IFTA Arbitration Must Contain the Following:

  1. A demand that the dispute be referred to IFTA 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 and if known
  4. A copy of the written clause or agreement providing for IFTA Arbitration (or Independent Film & Television Alliance Arbitration, or AFMA Arbitration, or American Film Marketing Association Arbitration)
  5. A complete copy of the written agreement relating to the dispute
  6. A statement of the nature of the dispute and the amount involved, if any
  7. A statement of the relief or remedy sought

*The Filing Fees (see Fee Schedule section) must accompany any Notice of Arbitration, counterclaim, or cross claim.

Serving Notice of IFTA Arbitration:

In order to initiate an IFTA Arbitration, the Claimant must serve Respondent with the Notice of Arbitration and simultaneously provide a copy to the Arbitral Agent. After Claimant serves Respondent, the Arbitral Agent will again distribute the Notice of Arbitration, along with the applicable IFTA Rules, via USPS certified mail or registered mail to Respondent.

IFTA Arbitration’s Optional Pre-Arbitration Settlement Procedure:

The Pre-Arbitration Settlement Procedure is intended to notify the other party that you would like to achieve a business resolution prior to pursuing a legal resolution through initiating a claim against the party at IFTA Arbitration.

The Arbitral Agent should be sent: 1) a Notice of Arbitration; 2) if not an IFTA Member, payment for US$300, which may be credited against that arbitration’s filing fee; and 3) authorization for IFTA Arbitration to send a Notice to the other party of a 10-Day Settlement period prior to initiating arbitration. This pre-arbitration procedure is complimentary to IFTA members.

IFTA® Arbitration Fee Schedule

This IFTA® Arbitration Fee Schedule is effective for any new arbitrations filed on or after August 1, 2019.  

IFTA Administrative Fees are due and payable to IFTA in US Dollars and are nonrefundable.

Arbitration Filing Fee:

IFTA Members - IFTA Arbitration Filing Fee is equal to 2% of the amount of relief claimed, with a minimum fee of $1000 and a maximum of $5000.

Non-IFTA Members - IFTA Arbitration Filing Fee is equal to 2% of the amount of relief claimed, with a minimum fee of $1500 and a maximum of $5500.

The applicable maximum filing fee will be assessed for any claim without a declared monetary damage.

Pre-arbitration Settlement Letter:

IFTA Members - complimentary

Non-IFTA Members - $300 is due and payable to IFTA when filing the Notice of Arbitration and request for Settlement Letter.

Abeyance Fee: 

Each Party to an IFTA Arbitration to pay a $500 Abeyance Fee in equal, proportional amounts when requesting an abeyance as agreed by the Parties for up to one year.  

IFTA Arbitrator Fees are due in US Dollars and payable directly to the Arbitrator. Arbitrator Fees may be refundable if not used.

Arbitrator Hourly Rate:

IFTA Members - $300 per hour (arbitration involving at least one IFTA Member).  

Non-IFTA Members - $350 per hour (arbitration not involving IFTA Members).

Arbitrator Fee Deposits:

An Initial Arbitrator Fee Deposit of $1500 is due from each Party to an IFTA Arbitration after the appointment of the Arbitrator.

Additional Deposits in amounts reasonably determined by the Arbitrator for work completed or reasonably anticipated may also be required.

While the Arbitrator Fees are stated in US Dollars, an Arbitrator presiding over an arbitration outside of the US may request that the Parties pay the stated Arbitrator Fees converted to the currency of the Arbitrator’s jurisdiction, or as otherwise agreed by the Parties.

In any default proceedings, the Arbitrator may require that Claimant pay Respondent’s Arbitrator Deposit(s).

What Does a Typical IFTA Arbitration Timeline Look Like?

The IFTA Arbitration proceedings commence when the Respondent has received the Notice of Arbitration from the Arbitral Agent after the optional 10-Day Settlement period has passed (if applicable). This transmission by IFTA shall not eliminate or substitute for Claimant’s responsibility to serve the Respondent with the Notice of Arbitration (see IFTA Rules).

If the Respondent does not file a counterclaim after receipt of Notice of Arbitration from IFTA:

  • Response to Notice of Arbitration Due
    • 21 Days
  • Hearing date on or before
    • 60 Days from response
      • For good cause, the hearing date can be set beyond the 60 days but no longer than 120 days unless agreed upon by the parties and the arbitrator or the arbitrator extends for good cause.
  • Final Award after Hearing
    • 45 Days

If the Respondent does file a counterclaim after receipt of Notice of Arbitration from IFTA:

  • Response and Counterclaim to Notice of Arbitration Filed by Respondent
    • 21 Days
  • Counterclaim Received by Claimant and Response Due
    • 14 Days
  • Hearing date on or before
    • 60 Days
      • For good cause, the hearing date can be set beyond the 60 days but no longer than 120 days unless agreed upon by the parties and the arbitrator or the arbitrator extends for good cause.
  • Final Award after Hearing
    • 45 Days