Costs Icc Rules
Costs Icc Rules
Costs Icc Rules
COSTS
ARTICLE 37
ARTICLE 38
43
ICC ARBITRATION RULES
COSTS
ARTICLE 5
Court Secretariat
1 In the Secretary General’s absence or otherwise at
the Secretary General’s request, the Deputy
Secretary General and/or the General Counsel shall
have the authority to refer matters to the Court,
confirm arbitrators, certify true copies of awards,
request the payment of a provisional advance and
authorize the payment of advances in instalments,
respectively provided for in Articles 6(3), 13(2), 35(2)
and 37(1) of the Rules and Article 1(6) of Appendix III,
as well as to take the measure provided for in
Article 37(6).
2 The Secretariat may, with the approval of the Court,
issue notes and other documents for the information
of the parties and the arbitrators, or as necessary for
the proper conduct of the arbitral proceedings.
3 Offices of the Secretariat may be established outside
the headquarters of ICC. The Secretariat shall keep a
list of offices designated by the Secretary General.
Requests for Arbitration may be submitted to the
Secretariat at any of its offices, and the Secretariat’s
functions under the Rules may be carried
out from any of its offices, as instructed by the
Secretary General, Deputy Secretary General or
General Counsel.
ARTICLE 7
55
ICC ARBITRATION RULES
APPENDIX III - ARBITRATION COSTS AND FEES
ARTICLE 1
Advance on Costs
1 Each request to commence an arbitration pursuant
to the Rules must be accompanied by a filing fee of
US$ 5,000. Such payment is non-refundable and
shall be credited to the claimant’s portion of the
advance on costs.
2
The provisional advance fixed by the Secretary
General according to Article 37(1) of the Rules shall
normally not exceed the amount obtained by adding
together the ICC administrative expenses, the
minimum of the fees (as set out in the scales
hereinafter) based upon the amount of the claim and
the expected reimbursable expenses of the arbitral
tribunal incurred with respect to the drafting of the
Terms of Reference or the holding of the case
management conference. If such amount is not
quantified, the provisional advance shall be fixed at
the discretion of the Secretary General. Payment by
the claimant shall be credited to its share of the
advance on costs fixed by the Court.
3 In general, the arbitral tribunal shall, in accordance
with Article 37(6) of the Rules, proceed only with
respect to those claims or counterclaims in regard to
which the whole of the advance on costs has
been paid.
4 The advance on costs fixed by the Court according
to Articles 37(2) or 37(4) of the Rules comprises the
fees of the arbitrator or arbitrators (hereinafter
referred to as “arbitrator”), any arbitration-related
expenses of the arbitrator and the ICC administrative
expenses.
5 Each party shall pay its share of the total advance on
costs in cash. However, if a party’s share of the
advance on costs is greater than US$ 500,000 (the
“Threshold Amount”), such party may post a bank
guarantee for any amount above the Threshold
Amount. The Court may modify the Threshold
Amount at any time at its discretion.
6 The Secretary General may authorize the payment
of advances on costs, or any party’s share thereof, in
instalments, subject to such conditions as the Court
thinks fit.
57
ICC ARBITRATION RULES
APPENDIX III - ARBITRATION COSTS AND FEES
ARTICLE 2
59
ICC ARBITRATION RULES
APPENDIX III - ARBITRATION COSTS AND FEES
ARTICLE 3
* Amounts excluding VAT. For illustrative purposes only, the over 500,000,000 0.0100% 0.0400%
table on page 62 indicates the resulting administrative
** For illustrative purposes only, the table on page 63 indicates the resulting range of fees
expenses in US$ when the proper calculations have been
in US$ when the proper calculations have been made.
61
made.
ARBITRATION
62
Amount in Dispute A Administrative Expenses*
(in US Dollars) (in US Dollars)
up to 50,000 5,000
from 50,001 to 100,000 5,000 + 1.53% of amt. over 50,000
from 100,001 to 200,000 5,765 + 2.72% of amt. over 100,000
from 200,001 to 500,000 8,485 + 2.25% of amt. over 200,000
ARBITRATOR’S FEES
from 500,001 to 1,000,000 15,235 + 1.62% of amt. over 500,000
from 1,000,001 to 2,000,000 23,335 + 0.788% of amt. over 1,000,000
from 2,000,001 to 5,000,000 31,215 + 0.46% of amt. over 2,000,000
ICC ARBITRATION RULES
from 200,001 to 500,000 5,756 + 1.3670% of amt. over 200,000 23,479 + 6.8370% of amt. over 200,000
from 500,001 to 1,000,000 9,857 + 0.9540% of amt. over 500,000 43,990 + 4.0280% of amt. over 500,000
from 1,000,001 to 2,000,000 14,627 + 0.6890% of amt. over 1,000,000 64,130 + 3.6040% of amt. over 1,000,000
from 2,000,001 to 5,000,000 21,517 + 0.3750% of amt. over 2,000,000 100,170 + 1.3910% of amt. over 2,000,000
from 5,000,001 to 10,000,000 32,767 + 0.1280% of amt. over 5,000,000 141,900 + 0.9100% of amt. over 5,000,000
from 10,000,001 to 30,000,000 39,167 + 0.0640% of amt. over 10,000,000 187,400 + 0.2410% of amt. over 10,000,000
from 30,000,001 to 50,000,000 51,967 + 0.0590% of amt. over 30,000,000 235,600 + 0.2280% of amt. over 30,000,000
from 50,000,001 to 80,000,000 63,767 + 0.0330% of amt. over 50,000,000 281,200 + 0.1570% of amt. over 50,000,000
SCALES OF ADMINISTRATIVE EXPENSES AND
from 80,000,001 to 100,000,000 73,667 + 0.0210% of amt. over 80,000,000 328,300 + 0.1150% of amt. over 80,000,000
from 100,000,001 to 500,000,000 77,867 + 0.0110% of amt. over 100,000,000 351,300 + 0.0580% of amt. over 100,000,000
over 500,000,000 121,867 + 0.0100% of amt. over 500,000,000 583,300 + 0.0400% of amt. over 500,000,000
** See page 61.
63
ARBITRATION
A Administrative Expenses B Arbitrator’s Fees
64
Amount in dispute Administrative Amount in dispute (in US Dollars) Fees**
(in US Dollars) expenses* minimum maximum
up to 50,000 $5,000 up to 50,000 $2,400 14.4160%
* Amounts excluding VAT. For illustrative purposes only, the over 500,000,000 0.0080% 0.0320%
ARBITRATOR’S FEES FOR THE EXPEDITED PROCEDURE
up to 50,000 5,000
from 50,001 to 100,000 5,000 + 1.53% of amt. over 50,000
from 100,001 to 200,000 5,765 + 2.72% of amt. over 100,000
from 200,001 to 500,000 8,485 + 2.25% of amt. over 200,000
from 500,001 to 1,000,000 15,235 + 1.62% of amt. over 500,000
from 1,000,001 to 2,000,000 23,335 + 0.788% of amt. over 1,000,000
from 2,000,001 to 5,000,000 31,215 + 0.46% of amt. over 2,000,000
from 5,000,001 to 10,000,000 45,015 + 0.25% of amt. over 5,000,000
from 10,000,001 to 30,000,000 57,515 + 0.10% of amt. over 10,000,000
from 30,000,001 to 50,000,000 77,515 + 0.09% of amt. over 30,000,000
from 50,000,001 to 80,000,000 95,515 + 0.01% of amt. over 50,000,000
from 80,000,001 to 500,000,000 98,515 + 0.0123% of amt. over 80,000,000
SCALES OF ADMINISTRATIVE EXPENSES AND
65
ARBITRATION
66
Amount in Dispute B Arbitrator’s Fees**
(in US Dollars) (in US Dollars)
Minimum Maximum
from 80,000,001 to 100,000,000 58,934 + 0.0168% of amt. over 80,000,000 262,640 + 0.0920% of amt. over 80,000,000
from 100,000,001 to 500,000,000 62,294 + 0.0088% of amt. over 100,000,000 281,040 + 0.0464% of amt. over 100,000,000
APPENDIX III - ARBITRATION COSTS AND FEES
over 500,000,000 97,494 + 0.0080% of amt. over 500,000,000 466,640 + 0.0320% of amt. over 500,000,000
ARBITRATOR’S FEES FOR THE EXPEDITED PROCEDURE