ICC Arb 2026
Verweise
in Appendix III. ICC Arb 2026
ICC Arb 2026
ICC Arbitration Rules (2026)
Article 1: Schedule of Fees
(1) After approval by the Executive Board, the Secretary General will issue a Schedule of Fees, which sets out the scales of arbitrators’ fees and ICC administrative expenses.
(2) Arbitrators’ fees and ICC administrative expenses are calculated according to the Schedule of Fees in force on the date of commencement of the arbitration.
(3) Payments must come directly from the parties in the case. However, ICC will accept third-party payments upon receipt of satisfactory evidence of the legal relationship between the mandated third-party payer and the party in the case.
Article 2: Filing Fee
Each Request and, as the case may be, each Request for Joinder must be accompanied by a filing fee in an amount set out in the Schedule of Fees. The filing fee is non-refundable and shall be credited to the share of the advance on costs of the party filing the Request or the Request for Joinder. In exceptional circumstances, the Secretary General may waive payment of the filing fee.
Article 3: Provisional Advance
The provisional advance fixed by the Secretary General according to Article 40(1) of the Rules, shall normally be equal to 50 percent of the minimum fees and 50 percent of the ICC administrative expenses in the Schedule of Fees and the reimbursable expenses of the arbitral tribunal expected to be incurred until the initial CMC. If the amount in dispute is not quantified, the provisional advance shall be fixed at the Secretary General’s discretion.
Article 4: Advance on Costs
(1) The advance on costs shall be fixed in an amount likely to cover the fees and expenses of the arbitrators, the ICC administrative expenses and any other expenses incurred by ICC related to the arbitration for the claims which have been referred to it by the parties, unless any claims are made under Articles 8 or 9 of the Rules, in which case Article 40(6) of the Rules shall apply. If the amount in dispute is not quantified at the time the advance on costs is determined, the advance on costs shall be fixed at the Secretary General’s discretion.
(2) In general, under Article 40(9) of the Rules, the arbitral tribunal shall proceed only with respect to those claims or counterclaims for which the full advance on costs has been paid.
(3) As provided in Article 40(7) of the Rules, the advance on costs may be subject to readjustment at any time during the arbitration. In readjusting the advance on costs, the Secretary General shall take into account changes in the amount in dispute, the arbitral tribunal’s estimated expenses, the difficulty or complexity of the proceedings, and any other relevant circumstances.
(4) Before any expert appointed by the arbitral tribunal can begin work, the parties, or one of them, shall pay an advance on costs fixed by the arbitral tribunal that is sufficient to cover the expert’s expected fees and expenses, as determined by the arbitral tribunal. The arbitral tribunal shall be responsible for ensuring that the parties pay these fees and expenses.
(5) The amounts paid as advances on costs do not yield interest for the parties or the arbitral tribunal.
Article 5: Advances on Fees to the Arbitral Tribunal
The Secretary General may grant advances on fees to the arbitral tribunal upon request, subject to the Court’s final decision on those fees.
Article 6: Arbitral Tribunal’s Fees and Expenses and ICC Administrative Expenses
(1) Subject to Article 41(2) of the Rules, the Court fixes the arbitral tribunal’s fees in line with the Schedule of Fees or, where the amount in dispute is not stated, at its discretion.
(2) In fixing the arbitral tribunal’s fees, the Court shall take into consideration any relevant circumstances, including whether the proceedings terminated before the final award was rendered, the diligence and efficiency of the arbitral tribunal, the time spent, the complexity of the dispute, the quality of the draft award, and the timeliness of the submission of the draft award, so as to arrive at a figure within the limits specified in the Schedule of Fees or, in exceptional circumstances per Article 41(2) of the Rules, at a figure higher or lower than those limits.
(3) When a case is submitted to more than one arbitrator, the Court may, at its discretion, increase the total fees to an amount that normally does not exceed three times the fees of one arbitrator.
(4) Only the Court fixes the arbitral tribunal’s fees. The parties and an arbitrator may not make any separate fee arrangements.
(5) When fixing the fees of an arbitrator who has been replaced, the Court takes into consideration the circumstances of the replacement, the stage in the proceedings, and the work the replacement arbitrator is expected to carry out. The Court may deduct the replaced arbitrator’s fees from those of the replacement arbitrator.
(6) The Court fixes the ICC administrative expenses of each arbitration in accordance with the Schedule of Fees or, where the amount in dispute is not stated, at its discretion. If the parties have agreed upon additional services, or in exceptional circumstances, the Court may fix the ICC administrative expenses at a lower or higher figure than that resulting from the Schedule of Fees, provided that such expenses normally do not exceed the maximum amount set out in the Schedule of Fees.
(7) At any time during the arbitration, the Secretary General may fix a portion of the ICC administrative expenses that corresponds to services already performed by the Court and the Secretariat, which shall be deducted from the advance on costs paid by the parties.
(8) The Secretary General may also require the payment of additional ICC administrative expenses beyond those set out in the Schedule of Fees as a condition for holding an arbitration in abeyance at the request of the parties, or of one of them with the non-objection of the other.
(9) The Court will reimburse the parties any portion of the advance on costs paid by the parties that exceeds the costs of the arbitration fixed by the Court.
(10) When a party makes an application under Articles 39(2) or 39(3) of the Rules, or when a case is remitted pursuant to Article 39(5) of the Rules, the Secretary General may fix an advance to cover the arbitral tribunal’s additional fees and expenses, as well as additional ICC administrative expenses. The Secretary General may also require full payment of this advance before transmitting the application to the arbitral tribunal. When approving the arbitral tribunal’s decision, the Court shall fix, at its discretion, the costs of the procedure following the application or remission, including any possible fees and expenses of the arbitral tribunal and ICC administrative expenses.
(11) The Secretary General may require payment of ICC administrative expenses, in addition to those listed in the Schedule of Fees, for any expenses arising from a request made pursuant to Article 38(7) of the Rules.
(12) When an arbitration follows proceedings under the ICC Mediation Rules, ICC will credit half of the ICC administrative expenses paid for the mediation towards the ICC administrative expenses of the arbitration.
(13) Amounts paid to the arbitrator do not include any possible value added tax (“VAT”) or other taxes or charges and imposts applicable to the arbitrator’s fees. Parties have a duty to pay any such taxes or charges; however, the recovery of any such charges or taxes is a matter solely between the arbitrator and the parties.
(14) ICC administrative expenses do not include VAT, taxes, imposts or any other charges of a similar nature. ICC administrative expenses may be increased by the amount of any applicable VAT, taxes, imposts or any charges of a similar nature at the prevailing rate. Parties must pay these charges when ICC issues a request for payment for them.
(15) The Secretary General may refer to the Court the matters requiring decision under this Appendix.
Article 7: Tribunal Secretary’s Fees and Expenses
The arbitral tribunal may claim reimbursement of a tribunal secretary’s reasonable and justified expenses. Otherwise, appointing a tribunal secretary shall not create any additional financial burden on the parties. Direct arrangements between the arbitral tribunal and the parties regarding the tribunal secretary’s fees are prohibited.
- Hier liegen deine Dokumente und Notizen
- Erstelle ein neues Dokument oder eine neue Notiz über die Symbolleiste über dem Gesetzestext.
- Öffne ein bestehendes Dokument oder eine Notiz in der rechten Spalte oder direkt im Text.
Dokumente
zu Schiedsverfahrensrecht
Notizen
zu Appendix III. ICC Arb 2026
Keine Notizen vorhanden.