ENGLISH

Costs and Payment for a Pre-Arbitral Referee Procedure

A. COSTS

1

An administrative charge of US$ 2,500 is payable by the requesting party in respect of each Request made to the ICC to appoint a Referee or to administer a Pre-Arbitral Referee Procedure.

The charge covers all services rendered by the ICC that may be required by the Rules, but not any services required by alterations to or extensions of the Pre-Arbitral Referee Procedure. The administrative charge is not refundable and becomes the property of the ICC.

2

The amount of the fees and expenses of the Referee shall be fixed by the Secretary General of the ICC International Court of Arbitration. The amount shall be reasonable, taking into consideration the time spent, the complexity of the matter and any other relevant circumstances.

3

The costs of the procedure shall also include any fees and expenses of any expert.

B. PAYMENT

1

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 as set out above 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.

2

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.

3

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 of the Rules). 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 that have fully paid the advance or contribution shall be notified and be valid.