Pre-arbitral referee

Costs

The costs of the pre-arbitral referee procedure comprise:

(a) an administrative charge as set out in the Appendix to these Rules,

(b) the fees and expenses of the Referee to be determined as set out in the Appendix and

(c) the costs of any expert.

The Referee's Order shall state who shall bear the costs of the pre-arbitral referee procedure and in what proportion. A party who made an advance or other payment in respect of costs which it was not liable to have made under the Referee's order shall be entitled to recover the amount paid from the party who ought to have made the payment.

The amount required to open the file (Article 3.2.1 of the Rules) is US$ 5,000, of which US$ 2,500 constitutes the administrative charge and US$ 2,500 constitutes an advance on the fees and expenses of the Referee and any expert. No request for the appointment of a Referee or for the administration of an ICC pre-arbitral referee procedure will be entertained unless accompanied by this amount.

As soon as possible after the file has been sent to the Referee and after such consultation as is possible with the Referee and the parties, the Secretariat shall fix an advance on costs to cover the estimated costs of the pre-arbitral referee procedure (Article 7.1 of the Rules). Such advance on costs is subject to readjustment by the Secretariat.

The requesting party shall pay the whole of this advance on costs except insofar as the Secretariat may request the other party or parties to contribute to the advance on costs in the light of any request for an order by the Referee which any other party may have made.

No Order of the Referee shall be notified by the Secretariat or be valid unless the advance on costs has been received (Article 6.5). Where two or more parties have been asked to contribute to the advance on costs and have not paid their contribution, only the order requested by the party or parties who have fully paid the advance or contribution shall be notified and be valid.