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Costs for International Arbitral Proceedings

ARBITRATION

•    The costs of arbitral proceedings consist of :
•    arbitrators fees
•    arbitrators expenses
•    administrative dues and expenses
•    the  Party’s Counsel fees
•    the fees due to the Winning Party.

Arbitrators fees

The fees due to the sole arbitrator or to the arbitral tribunal in arbitral proceedings are set out in the Schedule of Fees Costs of the International Arbitration Rules of the European Court of Arbitration.
1. For greater amounts in dispute the fees and administrative charges shall be provided upon request.
2. The fees and administrative charges for each dispute shall be those specifically stated in the scale range which covers the amount of that dispute. The fees and administrative charges for lower scale ranges shall not be in addition.
3. For the purposes of the application of the scale range the amount to be taken into account to apply this scale will be the total of the claims made by all the parties.
4. If a calculation of an amount in dispute cannot be made by totalling all claims by the parties for the purposes of scale range application, the amount in dispute will be determined by the Court - or by the National Delegation if applicable - having regard to such relevant elements as are contained in the file.
5. A modification of the scale range applicable to a dispute or of this schedule may be made under the provisions of article 8.6 of these Rules.

Arbitrators expenses

The arbitrator/arbitral tribunal is entitled too to obtain reimbursement of the reasonable costs which have been met by him/it in the arbitral proceedings unless he/it has requested the parties to bear them and they have done so. This includes inter alia the hiring of rooms for the hearing, stenotypists, tape recording, recording, installations, translators and experts, travelling, lodging and meals of the arbitrator/arbitral tribunal.

Administrative Dues and Expenses

The amounts due to the European Court of Arbitration by the parties are established in the above Schedule of Fees.
In addition to the administrative dues also the reasonable expenses made by the European Court of Arbitration in the pursuance of the arbitral proceedings are due to it.

Fees of the Secretary to the Arbitrator/Arbitral Tribunal

If the parties have agreed upon the appointment of a Secretary to the Arbitrator/Arbitral Tribunal, his fees may be put by the European Court of Arbitration to the charge of the parties.
In the absence of that, the Secretary’s fees will be paid to the Secretary by the Arbitrator/Arbitral tribunal and deduct from his own fees or – if so authorised by the European Court of Arbitration – my be added by the Arbitrator/Arbitral Tribunal to his/its expenses.

Taxation of fees, dues and expenses

The taxation of the above fees, dues and expenses is made, based on the above criteria by the International Registrar’s Office, if the arbitration is international, or by the competent national Chapter, in case of domestic proceedings.
The arbitrator/Arbitral Tribunal requests the European Court for such taxation in order to state them in his/its award.

Burden of the fees dues and expenses

All the parties are jointly and severally responsible to the European Court of Arbitration for payment of all the above fees, dues and expenses.
Each party then has the duty to pay all of to the European Court of Arbitration, if the other parties do not do so,  even if the Arbitrator/Arbitral Tribunal puts them in his/its award to the charge of one party or in part to the charge of one of them and for the rest to the charge of the other party/parties.

Advances

Claimant must pay, upon filing the Request for Arbitration, 25% of the maximum amount of arbitrators fees and administrative dues provided for in the Schedule of Fees for the amount in dispute.
The Respondents are under the same duty at the time of filing their Answer.
In the event of a cross claim or of a claim by a joining party the Claimant will pay a further 25% of the amount of his claim and the Respondent and/or the joining party will pay 50% of the fees and dues due on the amount of his cross claim. The respective amounts will be determined, out of the total fees and dues, by the competent International Registrar or national Chapter.
Additional advances will be requested by the European Court of Arbitration during the proceedings and will have to be paid by the parties.

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