If a contractor includes a provision for the use of private arbitration in a contract, who typically bears the cost of arbitration?

When a contractor includes a provision for the use of private arbitration in a contract, the standard practice is for both parties—the owner and the contractor—to share the costs of arbitration. This approach promotes fairness and mutual responsibility in resolving disputes that may arise during the project.

The rationale behind this cost-sharing arrangement is that arbitration is a method intended to provide an equitable means of dispute resolution, allowing both parties to have an equal stake in the process. By splitting the costs, neither party feels disproportionately burdened by the financial aspects of arbitration, which can sometimes be costly depending on the complexity of the dispute.

This cooperative approach also encourages both parties to engage in the arbitration process more willingly, knowing that the financial implications are shared rather than placed solely on one party. Therefore, when establishing arbitration clauses in contracts, specifying that costs will be split helps to maintain a balanced dynamic between the contractor and the owner, enhancing the overall effectiveness of the arbitration process.