RULES AND REGULATIONS OF ARBITRATION COSTS
Pursuant to Articles (6) and (21) of the Statute and Article 38, 39 and 40 of the Procedures, the Board of Trustees has approved the Rules and Regulations Arbitration Costs, as follows:
The Centre’s Fees
- A non-refundable amount of one thousand (1,000) US Dollar shall be collected as a fee for submitting and registration of the Arbitration request.
- The Centre shall charge administrative fees in return for the services it provides to the parties in accordance with the Article 39 of the Procedures.
- The administrative fees shall be calculated as a decreasing percentage of the disputed amount as shown in the Schedule of Administrative Fees below. The fees shall be calculated as the cumulative total of the fee amounts payable for the categories preceding, and including, the one representing the portion of the disputed amount.An increasing fixed amount is to be added to the percentage. The administrative fees shall not in any way exceed 2% as stipulated in the article 39 of the procedures except for the disputed amount under (100,000) US Dollar. If the disputed amount exceeds one Hundred million dollars, the administrative fees shall be a fixed amount of sixty thousand (60,000) US Dollar.
- The Board of Trustees may amend this Schedule from time to time upon a proposal from the Secretary-General.
- Arbitrators’ fees shall be calculated as a decreasing percentage of the total disputed amount plus a progressive sum. This will be decided according to each case and its circumstances within the limits of the minimum and maximum amounts shown in the Schedule of Arbitrators’ Fees below.
- The Secretary-General shall decide on the arbitrators’ fees according to the schedule. However, the Secretary-General may on an exceptional basis, decide on arbitrators’ fees differently from the schedule, if the he perceives that this is required by the size and circumstances of the case. For example, prolonged Arbitration proceedings or a divergence in the subject of the dispute beyond the control of the Arbitration Panel, may necessitate an increase in the arbitrators’ fees. Conversely, the fees may be reduced if the parties of the dispute reach an amicable settlement outside or within the context of the Arbitration Panel during the Arbitration proceedings.
Fees for Additional Services
- In the event that the Centre is authorised to choose the arbitrators according to the Arbitration Procedures, the Secretary-General of the Centre shall undertake this responsibility pursuant to the provisions of the Procedures.
- If the two parties of the dispute agree to resolve their dispute through Arbitration, yet not through the Centre, the Secretary-General, with a written request from both parties, may provide or arrange facilities and assistance necessary for the Arbitration procedures requested by the parties. Such facilities and assistance may include provision of premises for the Arbitration hearings, assistance with administrative, translation and documentation services (Article 22 of the Statute).
- The Centre shall charge a fee of 1,000 US Dollar for every request to engage an arbitrator for Arbitration that is not subject to the Centre’s Statute and Procedures. The Centre shall not consider any requests not accompanied by the above-mentioned, non-refundable payment.
- The Centre shall charge a fee of 500 US Dollar from any party requiring a list of the Centre’s certified arbitrators/experts.
- The Centre shall charge a fee of 500 US Dollar for using the premises for meetings at the Centre (without providing any administrative services).
- Regarding fees and costs of administrative work, translation and other services, the Secretary General shall decide these costs according to each case, while considering the nature of the case and the amount of administrative work, translation and other services needed.
- The term “Arbitration Fees” used in this annex is defined as the Centre’s fees, administrative fees, arbitrators’ fees, costs of transportation and accommodation for arbitrators and witnesses, and the fees of experts, translators and other miscellaneous costs.
- The Secretary-General shall determine the administrative fees and estimate the Arbitration-related fees on a temporary basis. He shall also determine the advance amount to be paid by the parties in the dispute. This shall take place before starting the Arbitration.
- The Secretary-General shall request the parties in the dispute to pay the decided advance amount. If one of the parties fails to pay his share of the decided advance amount within the specified time, the Secretary-General shall notify the other party to pay the rest of the amount. If the amount is not paid the Arbitration proceedings may be stopped or terminated, (Article 40, paragraph 2 of the Procedures).
- The Secretary-General, at any point in the proceedings, may request the parties to place additional funds for the estimated Arbitration costs on a temporary basis, pursuant to paragraph 1 of this Article (Article 40, paragraph 1 of the Procedures).. If one of the parties refuses to pay, the Secretary-General shall notify the other parties to pay the share of the declining party. If the other parties fail to pay, the Secretary-General or the Panel may decide to stop or terminate all Arbitration proceedings.
- Payment of the fees decided by the Secretary General must be made within 30 days of receiving the request for payment (Article 40, paragraph 1 of the Procedures).
- Counter-requests for Arbitration shall be treated similar to the original request and fees duly payable for them shall be collected as per the schedules of administrative fees and arbitrators’ fees. The SecretaryGeneral shall then determine an additional advance to be paid by the party submitting the counter-request, without any prejudice to the principle of equal payment of the advance amount by all parties.
- If the amount of the dispute is not known, the Secretary-General shall decide the administrative fees and arbitrators’ fees according to the scale of the case, provided that the administrative fees do not exceed the maximum amount stated in the schedule of administrative fees.
- All amounts paid for Arbitration fees shall be deposited in the Centre’s treasury, in accordance with the Centre’s financial rules and regulations, and shall remain there until the issuance of the arbitrators’ final ruling (the Arbitration Decision).
- The Panel shall decide which party shall bear the fees and costs either wholly or partially.
- After the issuance of the Arbitration ruling, the Secretary-General shall prepare a statement of all the payments made by the parties and the expenses incurred in connection with the dispute in question. The statement shall be given to the parties upon their request.