Lawyers love a good precedent. A precedent in law is that 'costs follow the event' i.e. if I win my case then the other side must pay my costs as well as their own. In the latest version of the Just Sport Ireland arbitration rules the rule is that unless the arbitrator deems otherwise then the default is that your pay your own legal costs even if you win. Why so? The thinking is to keep cost exposure low for a losing party. This misses the point that when a claimant brings a frivolous claim then that exposes the other party in having to hire lawyers to meet and defend the claim. Now there is little to deter mischievous claims being made which expose often small under resourced national governing bodies for sport to massive costs bills.
The cost of Arbitration with JSI is €2,000 for a sole Arbitrator and €3,000 for a Panel of three Arbitrators. This is to cover the costs of the Arbitrator (€1,000 for Sole Arbitrator, €2,000 for a panel of three arbitrators) and the administration costs of JSI (€1,000). Unless the parties agree otherwise, the Arbitrator shall as part of his/her award determine which party should bear, or in which proportion the parties should share the costs of the arbitration. Please note however that, save where the Arbitrator decides otherwise, each party shall be responsible for its own expenses incurred in connection with the arbitration for example, legal fees, witness costs and expenses and interpretation fees. JSI will seek an advance on the costs of the arbitration which shall be paid in equal amount.