ICC Arb 2026
References
in Art. 40 ICC Arb 2026
ICC Arb 2026
ICC Arbitration Rules (2026)
(1) After receiving the Request, the Secretary General may request the claimant to pay a provisional advance in an amount intended to cover the costs of the arbitration until the initial CMC. Any provisional advance paid will be considered as a partial payment by the claimant of any advance on costs fixed by the Secretary General.
(2) The Secretary General shall fix the advance on costs, calculated in accordance with the amount in dispute and in line with the Schedule of Fees.
(3) The claimant shall pay 50 percent of the advance on costs, and the respondent shall pay 50 percent of the advance on costs fixed under Article 40(2). If any party does not pay its share of the advance on costs, the Secretariat may invite the other party to make such payment.
(4) The Secretary General may authorise the payment of advances on costs, or any party’s share thereof, in instalments.
(5) If the respondent submits counterclaims, the Secretary General may fix separate advances on costs for the claims and the counterclaims. Each of the parties shall pay the advance on costs corresponding to its claims.
(6) If claims are made under Articles 8 or 9, the Secretary General may fix one or more advances on costs that shall be payable by the parties as decided by the Secretary General. If the Secretary General has previously fixed any advance on costs, the amount of any advance previously paid by any party will be considered as a partial payment by such party of its share of the advance(s) on costs.
(7) The advance on costs fixed by the Secretary General may be readjusted at any time during the arbitration.
(8) A party may request to post a bank guarantee:
a) for any amount exceeding the threshold amount established under the Schedule of Fees (“Threshold Amount”) to cover that party’s share of the advance on costs;
b) to pay the unpaid portion of the advance owed by a defaulting party when that party has already paid in full its share of the advance on costs;
c) to cover an amount under the separate advance on costs fixed for the claim of that party that exceeds one half of the global advance on costs previously fixed.
The Secretariat shall determine the terms and conditions governing such bank guarantee. A party may only post a bank guarantee if the Secretariat confirms that the conditions have been met.
(9) If any party fails to pay the advance on costs, and after consulting with the arbitral tribunal, the Secretary General may direct the arbitral tribunal to suspend its work and fix a time limit, which must be not less than 15 days, on the expiry of which the relevant claims shall be considered as withdrawn. If the party in question wishes to object to this measure, it must make a request within the aforementioned period for the Court to decide the matter. Such party shall not be prevented, on the ground of such withdrawal, from reintroducing the same claims at a later date in another proceeding.
(10) If one of the parties claims a right to a set-off with regard to any claim, the Secretary General shall take into account such set-off in determining the advance on costs to cover the costs of the arbitration in the same way as a separate claim insofar as it may require the arbitral tribunal to consider additional matters.
(11) The Secretary General may refer to the Court the matters requiring decision under Articles 40(2) and 40(4)-40(7).
- Here are your Dokumente and notes
- Create a new Document or Note using the toolbar above the legal text.
- Open an existing Document or Note from the right-hand column or directly in the text.
Documents
for Schiedsverfahrensrecht
notes
for Art. 40 ICC Arb 2026
No notes available.