Schedule of Conciliation and Arbitration Costs

In force from 1 July 1986

1. Costs of conciliation

Before a case is considered by the Conciliation Committee, each party shall contribute to the cost of the conciliation procedure by paying half the costs to be calculated in accordance with the scale of administrative expenses hereinafter set out.

Where the sum in dispute in any such case is not stated, the Secretariat shall fix the costs.

2. Costs of arbitration

a) The costs of arbitration comprise the fee of the arbitrator (or arbitrators) and the administrative expenses, and may furthermore include personal expenses of the arbitrator(s) and the cost of any expertise as well as similar expenses.

b) Before a case (or counterclaim) can be submitted to the arbitrator(s), the parties, or, failing this, the claimant (or counterclaimant, as the case may be), shall pay a deposit covering the fee of the arbitrator(s) and the administrative expenses (fixed in accordance with the scale hereinafter set out).

c) The Court shall fix the fee of the arbitrator(s) in accordance with the table hereinafter set out or, where the sum in dispute is not stated, at its discretion. If exceptional circumstances so require, the Court may fix the administrative expenses at a lower figure than that which would result from application of the following scale.

d) When a case is submitted to more than one arbitrator, the Court, at its discretion, shall have the right to increase the fee up to a maximum of three times the fee payable to one arbitrator.

e) When arbitration is preceded by attempted conciliation, half of the administrative expenses paid in respect of the said attempt shall be credited to the administrative expenses of the arbitration.

f) Before any expertise can be commenced, the parties, or one of them, shall pay a deposit sufficient to cover the expected fee and expenses as determined by the arbitrator(s).

3. Advance on administrative expenses

Each party to a dispute submitted to the conciliation procedure of the ICC is required to make an advance payment of US$ 500 on the administrative expenses.

Each request to open an arbitration procedure of the ICC must be accompanied by an advance payment of US$ 2,000. No application for conciliation or arbitration will be entertained unless accompanied by the appropriate payment.

This payment is not recoverable and becomes the property of the ICC. It is deductible from the amount of the administrative expenses fixed in accordance with the schedule.

4. Nomination of arbitrators

A registration fee of US$ 100 is payable to each party if the ICC is called upon to appoint an arbitrator or arbitrators outside the Rules of Arbitration of the ICC.

5. Scale of administrative expenses and fees

To calculate the administrative expenses and the fees, the percentages applied to each successive slice of the sum in dispute are to be added together, except that where the sum in dispute is over US$ 50 million, a flat amount of US$ 50,500 shall constitute the entirety of the administrative expenses.

a) Administrative expenses

b) Arbitrator's fees