The costs of the dispute resolution procedure must be borne by the parties.
The costs of a Procedure will consist of:
- the fees of the Expert(s),
- the expenses of the Expert(s)
- the administrative expenses of ICC.
Appendix III to the ICC Rules for Expertise inter alia provides that:
- the non-refundable registration fee is € 5000
- the Expert’s hourly rate is € 450 unless decided otherwise by the Centre after consultation with the parties; and
- ICC’s administrative expenses shall normally not exceed € 12 000 for a one Expert panel and € 17 000 for a three Expert panel
Non-refundable filing fee
When an Objection is filed, the Objector is required to pay a non-refundable filing fee pursuant to Appendix III to the ICC Rules for Expertise. The non-refundable filing fee for cases filed pursuant to the ICC Rules for Expertise is € 5 000.
The filing fee of € 5000 must be paid by the Objector when filing its Objection.
The filing fee of € 5000 must also be paid by the Applicant when filing its Response.
If the filing fee is not paid by the Objector when filing the Objection, the Centre will dismiss the Objection without prejudice.
If the filing fee is not paid by the Applicant when filing its Response, the Centre will disregard the Response and the Objection will prevail by default.
Within 10 business days of constituting the Expert Panel, ICC will estimate the total costs of the procedure and invite advance payment of the full amount from both the Objector and the Applicant.
ICC’s estimation will take into consideration:
- an estimation of the amount of hours to be spent by the Expert(s) on the matter
- an estimation of the expenses the Expert(s) will incur; and
- an estimate of the administrative expenses of ICC
Each party will have to pay an amount equal to the full deposit to ICC.
If the deposit is not paid by the Objector within the time limit granted by the Centre, the Centre will dismiss the Objection without prejudice. *
If the deposit is not paid by the Applicant within the time limit granted by the Centre, the Centre will disregard the Response and the Objection will prevail by default.
Parties should note that the fees and expenses of the Expert(s) fixed by ICC do not yet include any possible value added taxes (VAT) or other charges or imposts applicable to the Expert’s fees. Parties have however a duty to pay such taxes or charges, but the recovery of any such charges or taxes is a matter solely between the Expert and the parties.
The following advance payments of costs have to be made by each party during the Procedure:
The non-refundable filing fee must be paid
- payment of the non-refundable filing fee in full; and
- payment of the deposit as fixed by ICC in full.
- by the Objector when filing the Objection
- by the Applicant when filing the Response
The party making the payment must bear any banking charges associated with its payment. Parties are invited to mark their name and, if already available, the exact case reference number on their payment to ensure correct and timely crediting of the amounts received.
The payment details are available here.