29 C.F.R. § 4221.10
Costs
The costs of arbitration under this part shall be borne by the parties as follows:
(a) Witnesses. Each party to the dispute shall bear the costs of its own witnesses.
(b) Other costs of arbitration. Except as provided in § 4221.6(d) with respect to a transcript of the hearing, the parties shall bear the other costs of the arbitration proceedings equally unless the arbitrator determines otherwise. The parties may, however, agree to a different allocation of costs if their agreement is entered into after the employer has received notice of the plan's assessment of withdrawal liability.
(c) Attorneys' fees. The arbitrator may require a party that initiates or contests an arbitration in bad faith or engages in dilatory, harassing, or other improper conduct during the course of the arbitration to pay reasonable attorneys' fees of other parties.
Notes of Decisions
Cited in 13
cases (7 in the last 5 years), 2014–2025 · leading case: GCIU-Emp. Ret. Fund v. Quad/Graphics, Inc., 250 F. Supp. 3d 551 (C.D. Cal. 2017).
GCIU-Emp. Ret. Fund v. Quad/Graphics, Inc., 250 F. Supp. 3d 551 (C.D. Cal. 2017). “In an arbitration concerning withdrawal liability under ERISA, “[t]he arbitrator may require a party that initiates or contests an arbitration in bad faith or engages in dilatory, harassing, or other improper conduct during the course of the arbitration to pay reasonable…”
Dairy v. Dairy Employees Union Local No. 17 Christian Labor Ass'n of the United States of Am. Pension Trust, 153 F. Supp. 3d 1217 (E.D. Cal. 2015). “29 C.F.R. § 4221.10 . The terms of the Trust Agreement do not comply with applicable regulation.”
Trs. of the Utah Carpenters' & Cement Masons' Pension Trust v. Loveridge, 567 F. App'x 659 (10th Cir. 2014). “But under 29 C.F.R. § 4221.10 (c) an arbitrator may “require a *662 party that initiates or contests an arbitration in bad faith or engages in dilatory, harassing, or other improper conduct during the course of the arbitration to pay reasonable attorneys’ fees of other parties.”
Cent. States, Se. & Sw. Areas Pension Fund v. Allega Concrete Corp., 772 F.3d 499 (7th Cir. 2014). “See also 29 C.F.R. § 4221.10 (c). According to Alega, these provisions relieve it of any obligation to serve the AAA with the demand for arbitration.”
Nevada Resort Assocation - Int'l All. of Theatrical Stage Employees & Moving Picture Mach. Operators of the United States & Canada Local 720 Pension Trust v. JB Viva Vegas, L.P. (D. Nev. 2024). “(citing 29 C.F.R. § 4221.10 ). Because the 21 trust agreement’s fee-shifting provision “violate[d] federal regulations,” the court refused to enforce it and further clarified that the plaintiffs could only be assessed the defendants’ 22 attorney’s fees upon a “determination of…”
Penske Logistics LLC v. Freight Drivers & Helpers (4th Cir. 2018). “The Arbitrator awarded fees due to the Fund’s discovery misconduct pursuant to 29 C.F.R. § 4221.10 , which is largely analogous to Fed.”
Penske Logistics LLC v. Freight Drivers & Helpers (4th Cir. 2020). “Consequently, the Arbitrator awarded fees due to the Fund’s discovery misconduct per 29 C.F.R. § 4221.10 , which provides that “[t]he arbitrator may require a party that initiates or contests an arbitration in bad faith or engages in dilatory, harassing, or other improper…”
Royal Ice Cream Co. v. Cent. States, Se. & Sw. Areas Pension Fund (N.D. Ill. 2024). “” 29 C.F.R. § 4221.10 (c). Royal argues that “where nine out of ten arbitrations to date have rejected the Fund’s ‘convoluted’ and ‘wholly unpersuasive’ primary argument, the Fund’s conduct justifies an award of attorneys’ fees.”
Cent. States, Se. & Sw. Areas Pension Fund v. Royal Ice Cream Co. (N.D. Ill. 2024). “” 29 C.F.R. § 4221.10 (c). Royal argues that “where nine out of ten arbitrations to date have rejected the Fund’s ‘convoluted’ and ‘wholly unpersuasive’ primary argument, the Fund’s conduct justifies an award of attorneys’ fees.”
Kellanova v. Cent. States, Se. & Sw. Areas Pension Fund (N.D. Ill. 2025). “HUNT United States District Judge 3 The arbitrator notified the parties after he issued the award that, under the arbitration rules and 29 C.F.R. § 4221.10 , “the cost of the arbitration shall be borne equally by the parties.”
Cent. States, Se. & Sw. Areas Pension Fund v. Kellanova (N.D. Ill. 2025). “HUNT United States District Judge 3 The arbitrator notified the parties after he issued the award that, under the arbitration rules and 29 C.F.R. § 4221.10 , “the cost of the arbitration shall be borne equally by the parties.”
Cent. States, Se. & Sw. Areas Pension Fund v. Steelcase Inc. (N.D. Ill. 2025). “29 C.F.R. § 4221.10 (c). In the underlying arbitration, the arbitrator found that the Fund’s defense “was not frivolous or without support” and denied SCT’s request for attorneys’ fees.”
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