The arbitrators may take decisions as to costs, except for those to be fixed by the Court, and order payment thereof at any time during the proceedings.
In doing so, they may take into account such circumstance as they consider appropriate, including the parties’ conduct throughout the arbitration.
The costs of the arbitration include the fees and expenses of the arbitrators and ICC administrative costs fixed by the Court in accordance with the costs scales in force, as well as the fees and expenses of any experts appointed by the Arbitral Tribunal and the reasonable legal and other costs incurred by the parties for the arbitration.
Once the arbitrators' fees and expenses and ICC administrative costs have been fixed by the Court at the end of the proceedings, the Arbitral Tribunal fixes the costs of the arbitration in the Award and decides which of the parties shall bear them or in what proportion they shall be borne by the parties.
If the arbitration terminates before it reaches the stage of a final award, the Court will fix the fees and expenses of the arbitrators and ICC administrative expenses. If the parties have not agreed upon the allocation of the costs of the arbitration or other relevant issues with respect to costs, such matters shall be decided by the Arbitral Tribunal. In case the Arbitral Tribunal is not yet constituted at the time of the withdrawal, any party may request the Court to proceed with the constitution of the Arbitral Tribunal so that it may make decisions as to costs.
The arbitrators' fees are managed by the Court and fixed on the basis of the relevant scale found in Appendix III, taking into consideration the diligence of the arbitrators, the time spent, the rapidity of the proceedings and the complexity of the dispute. Based on the amount in dispute, the scale provides a minimum and a maximum for one arbitrator.
The fees are multiplied by the number of arbitrators. In exceptional circumstances the Court may fix the fees of the arbitrators at a figure higher or lower than that which would result from the application of the relevant scale. Where the sum in dispute is not stated, the Court fixes the arbitrators' fees at its discretion.
Amounts paid to arbitrators do not include any possible value added tax (VAT) or other taxes or charges and imposts applicable to the arbitrator’s fees. Parties have a duty to pay any such taxes or charges; however, the recovery of any such charges or taxes is a matter solely between the arbitrator and the parties.
The arbitrators' expenses (or disbursements) are also managed by the Court and include such expenses as for travel, accommodation, meals, courier charges and facilities for hearings.
ICC administrative expenses
The "administrative expenses", also referred to as "administrative costs", represent the fee charged by ICC for administering a case. The US$ 3,000 payment which accompanies the ‘Request’ is an advance on administrative expenses. It is not refundable.
The Court fixes the administrative expenses on the basis of the scales set out in Appendix III, or, where the sum in dispute is not stated, at its discretion. The Court may fix the administrative expenses at a lower or higher figure than that which would result from the application of the scales provided the expenses shall normally not exceed the maximum amount of the scale (US$ 113,215).
Any ICC administrative expenses may be subject to value added tax (VAT) or charges of a similar nature at the prevailing rate.
Fees and expenses for expert(s)
In those cases where an expertise is ordered by the Arbitral Tribunal, the latter fixes the fees and expenses of the expert(s) and is responsible for the management and payment of such fees and expenses by the parties. The costs of an expertise are not covered by the advance on costs fixed by Court, although the Secretariat may administer the accounts as a service to the Arbitral Tribunal.
The cost of legal representation and the other costs incurred by the parties for the arbitration are not covered by the advance on costs required by ICC. They are included in the costs of the arbitration as fixed by the Arbitral Tribunal in the Award.