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Arbitration request.

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Active Member
Ronak P Member Since: Aug 15, 2017
1 of 11

Hello,

 

I have worked with a client with several steps and milestones I have completed 6 milestones and received payment for only 5 and when I asked the client to release the payment of 6th milestone he closed the contract, I raised the dispute for escrow amount of 6th milestone, if this case could be resolved.

 

Now dispute goes into the arbitration which client has filled,  So do I need to pay the arbitration fees, which I have not filed? Is the previously released milestone would be at risk if I don't pay the arbitration fees? I am very new to this dispute thing, so seeking help and suggestion.

 

Note: Client has released the last milestone (5ht Milestone) a month back. 

 

Thanks!

 

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Moderator
Avery O Moderator Member Since: Nov 23, 2015
2 of 11

Hi Ronak, 


Section 6.5 FILING THE CASE WITH THE ARBITRATOR states that - 


"If the Arbitration Plaintiff makes the Arbitration Payment, Upwork will contact the other party (“Arbitration Respondent”) to request that the Arbitration Respondent pay its portion of the Arbitration fees as well. If the Arbitration Respondent fails to make the Arbitration Payment and submit to such Arbitration within 5 business days after the First Arbitration Notice, Upwork will suspend the Arbitration Respondent’s account, and both parties will be deemed to have irrevocably authorized and instructed Upwork Escrow to, and Upwork Escrow will, release the funds sought by the Arbitration Plaintiff in the demand for Arbitration to the Arbitration Plaintiff, to the extent such funds remain in the Fixed-Price Escrow Account. If no funds remain in the Fixed-Price Escrow Account, Upwork will close the Dispute."

 

You may read more about this on Section 6. Dispute Assistance Program in the Fixed-Price Escrow Instructions here.


-Avery
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Active Member
Ronak P Member Since: Aug 15, 2017
3 of 11

Hi Avery,

 

Thanks for your response. What if I refund the escrow amount to the client to close the dispute, then is this arbitration still continue and I still need to pay the arbitration fee?

 

Regards,

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Moderator
Goran V Moderator Member Since: Mar 24, 2017
4 of 11

Hi Ronak,

By refunding the funds from escrow the dispute will be closed as resolved and an arbitration will not be started. If you need further help let me know, thank you!


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Ronak P Member Since: Aug 15, 2017
5 of 11

Hi Goran,

 

Thanks for the response. Today is the deadline for arbitration and client have filed the arbitration request and not me, so does my refunding of amount make any difference? what if he still prefers to go to arbitration. 

 

Thanks

 

 

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Moderator
Goran V Moderator Member Since: Mar 24, 2017
6 of 11

Hi Ronak,

 

Yes, by refunding the funds the dispute will be resolved. Additionally, disputes are moved to arbitration when both sides have paid the arbitration fee. If only one side has paid the fee you won't be moved to arbitration and the funds will be sent to the party that has paid the arbitration fee. Thank you!


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Active Member
Ronak P Member Since: Aug 15, 2017
7 of 11

and are they take any action against my account if I do not pay the arbitrator fees?

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Goran V Moderator Member Since: Mar 24, 2017
8 of 11

Hi Ronak, 

The dispute will be resolved in your client favor and the funds will be transferred to them, no additional actions are taken. Thank you!


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Active Member
Ronak P Member Since: Aug 15, 2017
9 of 11

Hi Goran,

 

The funds of arbitrator fee will be refunded to the client's account correct? and is the amount of previously approved milestones which I have worked on will be safe, or that too refunded to the client?

 

Thanks

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Moderator
Goran V Moderator Member Since: Mar 24, 2017
BEST ANSWER
10 of 11

Hi Ronak, 

The arbitration fee and the disputed amount from your contract will be refunded back to your client. If you have any additional questions please post them on your ticket and our team will assist you further. Thank you!


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