The costs of arbitral proceedings consist of :
- Arbitrator’s fees
- Arbitrator’s expenses
- Compensation and reimbursement of expenses to the Secretary of the Arbitral Tribunal, experts, recording or stenotypist, hearing rooms, and other accessory costs
- Administrative dues and expenses
- Party’s Counsel fees
- legal fees due to the successful party
- Possible Taxes/Stamp duties on the award
The European Court of Arbitration has opted for a sole arbitrator.
It reserves the right to administer the proceedings for which the parties provide for three arbitrators; this reservation does not apply if they are all to be appointed by CEA.
A sole Arbitrator is usually more efficient, more straightforward without the need of the fight between party appointed arbitrators, and reduces the costs by about 66%.
The arbitrators’ fees have been kept low on purpose and aim to find a balance between quality and cost, as it may be seen in CEA’s Schedule of Fees and of Costs.
One can use our online calculator to have an idea of the fees of an arbitrator and our administrative dues as to proceedings administered by us.
The arbitrator is entitled to the reimbursement of the reasonable costs in which he/she has incurred in relation to the arbitral proceedings (unless he/she has requested the parties to bear them and they have done so). This includes inter alia travelling, lodging and meals of the arbitrator and of the secretary to the Arbitral Tribunal, hearing rooms, transcripts, electronic installations, translators, couriers and experts.
Administrative Dues and Expenses
The amount due to the European Court of Arbitration by the parties is established in its 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 and he/she has accepted that his/her remuneration be established by CEA, his/her fees are put by the European Court of Arbitration to the charge of the parties.
In the absence of the agreement of the parties, the Secretary’s fees will be paid by the Arbitrator/Arbitral tribunal by deducting them from his/its own fees.
Taxation of fees, dues and expenses
The taxation of such fees, dues and expenses is made, by CEA’s competent International Registrar’s Office/Secretariat, if the arbitration is international, or by the competent national Chapter, if domestic proceedings occurs.
The arbitrator/Arbitral Tribunal will request the European Court for such taxation to state it 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 the arbitrator’s fees, dues and expenses, and of the administrative dues, then must pay all of them to the European Court of Arbitration. If one of them does not do so, the other parties are bound to pay also its share, even if the Arbitrator/Arbitral Tribunal puts them in his/its award to the charge only 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.
The losing party is under a duty to pay all the costs of the proceedings, which have been put to its charge by the arbitrator to the other party.
Upon the filing of the Request for Arbitration, Claimant must pay 25% of the maximum 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.
If a cross claim or a claim by a joining party is made, while the Claimant will pay a further 25% of his claim, the Respondent and/or the joining party will pay 50% of the fees and dues due on 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 may be requested by the European Court of Arbitration during the proceedings and must be paid promptly by the parties; non payment automatically stays the arbitral proceedings.