The cost of an ICC Mediation proceeding consists of:
(i) the filing fee, (ii) deposit and ICC administrative expenses, (iii) the
mediator’s fees and expenses (see the Appendix to the Mediation Rules).
Each request for Mediation must be accompanied by a
filing fee of US$ 2,000.
This amount is non-refundable and shall be credited
towards the deposit of the party having filed the Request. No Request shall be
processed unless accompanied by the filing fee.
Deposit and Administrative Expenses
If one party is proposing mediation pursuant to
Article 3, the Centre may request the party filing the Request for Mediation to
pay a deposit to cover the administrative expenses of the Centre. (Article
6(2)). The Centre may stay or terminate the proceedings under the Rules if any
requested deposit is not paid.
Once the mediation proceedings have commenced, all
deposits shall be borne in equal shares by the parties, unless agreed
otherwise. All deposits that have initially been paid only by the party that
filed the Request for Mediation will be taken into account. Credits for any
such deposits will be made by the Centre when requesting parties to make
subsequent deposits in respect of the fees and expenses of the mediator and
further ICC administrative expenses. If the parties do not reach agreement to refer
their dispute to settlement proceedings under the Rules, any deposit made by
the party that filed the Request for Mediation will remain the sole
responsibility of that party.
ICC Administrative Expenses are based on
the amount in dispute and shall normally not exceed the maximum amount foreseen
in the scale of Article 2 (1) in the Appendix of the ICC Mediation Rules as follows:
|US$ 5,000 ||for amounts in dispute up to and including US$ 200,000; |
|US$ 10,000 ||for amounts in dispute between US$200,001 and US$ 2,000,000; |
|US$ 15,000 ||for amounts in dispute between US$ 2,000,001 and US$ 10,000,000; |
|US$ 20,000 ||for amounts in dispute between US$ 10,000,001 and US$ 50,000,000; |
|US$ 25,000 ||for amounts in dispute between US$ 50,000,001 and US$ 100,000,000; |
|US$ 30,000 ||for amounts in dispute over US$ 100,000,000. |
Where the amount in dispute is not stated, the
administrative expenses may be fixed by the Centre at its discretion, taking
into account all the circumstances of the case, including indications regarding
the value of the dispute, but they shall normally not exceed US$ 20,000.
In exceptional circumstances, the Centre may fix the
administrative expenses at a higher figure than that which would result from
the application of the above scale, provided that the Centre shall inform the
parties of such possibility beforehand and shall normally not exceed the
maximum amount for administrative expenses foreseen in the scale.
Accreditation ICC Mediation and ICC Arbitration
When the mediation is preceded by the submission of a
Request for Arbitration between the same parties and concerning the same or
parts of the same dispute, the filing fee paid for such arbitration shall be
credited to the administrative expenses of the mediation, if the total administrative
expenses paid with respect to the arbitration exceed US$7,500.
When arbitration is preceded by the submission of a
Request for Mediation between the same parties and concerning the same or parts
of the same dispute, one half of the ICC administrative expenses paid for
Mediation proceedings shall be credited to the ICC administrative expenses of
Mediator’s Fees and Expenses
The Mediator’s fees and expenses are fixed by the ICC
International Centre for ADR.
The fees of
the Mediator shall be calculated on the basis of the time reasonably spent by
the Mediator in the proceedings. The hourly rate is fixed by the Centre when
appointing or confirming the Mediator and after having consulted the Mediator
and the parties. The parties and the Mediator may agree to depart from the
hourly rate for and single fixed fee. The Centre will fix the single fixed fee
and at its discretion, may increase or decrease the amount of the single fixed
fee based upon a reasonable request of a party or the Mediator.
In sum: (i) there is no pre-fixed hourly rate; (ii)
the mediator suggests an hourly rate; (iii) the parties can comment; and (iv)
the Centre will then fix the hourly rate at the outset. Accordingly, parties
retain some control over the mediator’s costs. The mediator’s fees will
generally be based on an hourly rate, unless the parties and the mediator have
agreed that the Centre fix the mediator’s fees on the basis of a single fixed
fee for the whole proceedings.
VAT or other taxes
Parties have a duty to pay any such taxes or charges, but the recovery of any such taxes or charges is a matter solely between the Mediator and the parties.