Arbitration Costs and Fees in International Arbitration
a) Costs and Fees
The costs and fees payable by the disputing parties in arbitration include but are not limited to:
(i) arbitration fees charged by the arbitration commission;
(ii) reasonable costs and expenses incurred by arbitrators, including but not limited to their special remuneration, out-of-pocket travel and accommodation expenses incurred in dealing with the case, etc.; and
(iii) costs, expenses, and remuneration payable to other participants, such as witnesses, interpreters, experts, appraisers, stenographers, etc.
b) Charging Standard
All the costs, fees, and expenses must be on a reasonable or out-of-pocket basis or paid in accordance with the charging standard under the applicable arbitration rules. The charging standard for arbitration costs and fees shall be approved by the competent price administration authority. And the special remuneration for arbitrators will be determined by the arbitral tribunal with reference to the standards for arbitrators’ special remuneration under the applicable arbitration fee schedule (see CIETAC Arbitration Rules).
c) Failure to Advance a Deposit
After a disputing party has nominated an arbitrator, he shall advance a deposit for the travel and accommodation costs and other out-of-pocket costs of the nominated arbitrator within the time period specified under the arbitration rules. His failure to make payment within such time period will be deemed his failure to nominate the arbitrator.
Where the disputing parties agree to hold a hearing at a place other than the domicile of arbitration commission, they shall advance a deposit for the travel and accommodation costs and other out-of-pocket costs of the arbitrator(s) within the time period specified under the arbitration rules. In case of their failure to make payment within such time period, the hearing will be held at the domicile of the arbitration commission.
d) Charges for Additional Services
Where the disputing parties agree that the arbitration proceedings be held in two or more languages or by 3 arbitrators where the summary procedure shall apply in accordance with the applicable arbitration procedure, or request other additional services, additional costs may be charged for such additional services.