ICC Arb 2026
References
in Part III. ICC Arb 2026
ICC Arb 2026
ICC Arbitration Rules (2026)
Article 1: Applicable scales
(1) The scales of administrative expenses and arbitrator’s fees set forth in Article 6 of this Part III shall be effective as of 1 January 2025 to all arbitrations commencing as of that date, irrespective of the version of the Rules applying to such arbitrations.
(2) The scales of administrative expenses and arbitrator’s fees set forth in Article 7 of this Part III shall be effective for Expedited Procedure Provisions as of 1 January 2025 and for Highly Expedited Arbitration Provisions as of 1 June 2026 to all arbitrations administered pursuant to Appendices V and VI to the Rules and commencing as of that date, irrespective of the version of the Rules applying to such arbitrations.
(3) The ICC administrative expenses and arbitrator’s fees are calculated progressively by applying the relevant percentage to each successive tranche of the amount in dispute, as set out in Articles 6 and 7 of this Part III, and adding the resulting amounts together. Where the amount in dispute exceeds BRL 2,500,000,000, a flat amount of BRL 750,000 will apply to the ICC administrative expenses.
Article 2: Filing fee
The filing fee required by Articles 5(4) and 8(3) of the Rules shall be BRL 25,000.
Article 3: Threshold Amount – Expedited Procedure Provisions
The EPP Threshold Amount pursuant to Article 1(3) of Appendix V to the Rules is:
a) BRL 6,400,000 if the arbitration agreement under the Rules was concluded on or after 1 March 2017 and before 1 January 2021; or
b) BRL 9,600,000 if the arbitration agreement under the Rules was concluded on or after 1 January 2021 and before 1 June 2026; or
c) BRL 12,800,000 if the arbitration agreement under the Rules was concluded on or after 1 June 2026.
Article 4: Fees of the Emergency Arbitrator Proceedings
(1) The fees for Emergency Arbitrator Proceedings pursuant to Art 8(1) of Appendix IV to the Rules shall be BRL 200,000, consisting of BRL 50,000 for ICC administrative expenses and BRL 150,000 for the emergency arbitrator’s fees and expenses.
(2) The non-refundable portion of the ICC administrative expenses pursuant to Article 8(5) of Appendix IV to the Rules shall be BRL 25,000.
Article 5: Bank Guarantee Threshold Amount
Where the posting of a Bank Guarantee is possible, the Threshold Amount referred to in Article 40(8)(a) of the Rules shall be BRL 2,500,000.
Article 6: Scales of Administrative Expenses and Arbitrator’s Fees
(1) Administrative Expenses (in BRL)
| Amount in dispute (in BRL) | Administrative expenses |
|---|---|
| up to 250,000 | BRL 25,000 |
| from 250,001 to 500,000 | 1.9125% |
| from 500,001 to 1,000,000 | 4.2500% |
| from 1,000,001 to 2,500,000 | 3.5156% |
| from 2,500,001 to 5,000,000 | 2.5313% |
| from 5,000,001 to 10,000,000 | 1.2313% |
| from 10,000,001 to 25,000,000 | 0.4600% |
| from 25,000,001 to 50,000,000 | 0.2500% |
| from 50,000,001 to 150,000,000 | 0.1000% |
| from 150,000,001 to 250,000,000 | 0.0900% |
| from 250,000,001 to 400,000,000 | 0.0100% |
| from 400,000,001 to 2,500,000,000 | 0.0123% |
| over 2,500,000,000 | BRL 750,000 |
(2) Arbitrator’s Fees (in BRL)
| Amount in dispute (in BRL) | Fees minimum | Fees maximum |
|---|---|---|
| up to 250,000 | BRL 15,000 | 18.0200% |
| from 250,001 to 500,000 | 2.6500% | 13.5680% |
| from 500,001 to 1,000,000 | 1.4310% | 7.6850% |
| from 1,000,001 to 2,500,000 | 1.3670% | 6.8370% |
| from 2,500,001 to 5,000,000 | 0.9540% | 4.0280% |
| from 5,000,001 to 10,000,000 | 0.6890% | 3.6040% |
| from 10,000,001 to 25,000,000 | 0.3750% | 1.3910% |
| from 25,000,001 to 50,000,000 | 0.0832% | 0.5915% |
| from 50,000,001 to 150,000,000 | 0.0416% | 0.1567% |
| from 150,000,001 to 250,000,000 | 0.0384% | 0.1482% |
| from 250,000,001 to 400,000,000 | 0.0215% | 0.1021% |
| From 400,000,001 to 500,000,000 | 0.0137% | 0.0748% |
| from 500,000,001 to 2,500,000,000 | 0.0072% | 0.0377% |
| Over 2,500,000,000 | 0.0065% | 0.026% |
Article 7: Scales of Administrative Expenses and Arbitrator’s Fees – Expedited Procedure Provisions and Highly Expedited Arbitration Provisions
(1) Administrative Expenses (in BRL)
| Amount in dispute (in BRL) | Administrative expenses |
|---|---|
| up to 250,000 | BRL 25,000 |
| from 250,001 to 500,000 | 1.9125% |
| from 500,001 to 1,000,000 | 4.2500% |
| from 1,000,001 to 2,500,000 | 3.5156% |
| from 2,500,001 to 5,000,000 | 2.5313% |
| from 5,000,001 to 10,000,000 | 1.2313% |
| from 10,000,001 to 25,000,000 | 0.4600% |
| from 25,000,001 to 50,000,000 | 0.2500% |
| from 50,000,001 to 150,000,000 | 0.1000% |
| from 150,000,001 to 250,000,000 | 0.0900% |
| from 250,000,001 to 400,000,000 | 0.0100% |
| from 400,000,001 to 2,500,000,000 | 0.0123% |
| over 2,500,000,000 | BRL 750,000 |
(2) Arbitrator’s Fees (in BRL)
| Amount in dispute (in BRL) | Fees minimum | Fees maximum |
|---|---|---|
| up to 250,000 | BRL 12,000 | 10.0912% |
| from 250,001 to 500,000 | 1.484% | 7.5981% |
| from 500,001 to 1,000,000 | 0.8014% | 4.3036% |
| from 1,000,001 to 2,500,000 | 0.7655% | 3.8287% |
| from 2,500,001 to 5,000,000 | 0.5342% | 2.2557% |
| from 5,000,001 to 10,000,000 | 0.3858% | 2.0182% |
| from 10,000,001 to 25,000,000 | 0.21% | 0.779% |
| from 25,000,001 to 50,000,000 | 0.0717% | 0.5096% |
| from 50,000,001 to 150,000,000 | 0.0358% | 0.135% |
| from 150,000,001 to 250,000,000 | 0.033% | 0.1277% |
| from 250,000,001 to 400,000,000 | 0.0185% | 0.0879% |
| from 400,000,001 to 500,000,000 | 0.0118% | 0.0644% |
| from 500,000,001 to 2,500,000,000 | 0.0062% | 0.0325% |
| Over 2,500,000,000 | 0.0056% | 0.0224% |
Source: © ICC WBO
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