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Conciliation and Arbitration Costs

CHAPTER SEVEN

Article (48)
The costs of conciliation or arbitration shall include charges of the Chamber, remuneration and actual expenses of the conciliators or arbitrators, fees and expenses of the experts and the translators if any, normal expenses incurred by the parties in preparation of their pleadings and any administrative expenses relating to meeting-rooms` rentals, typing, recording, photocopying and others incurred in the course of the conciliation or arbitration proceedings.
 
Article (49)
The Committee shall establish tables, approved by the Board of the Chamber, covering registration and administrative fees for conciliation and arbitration and remunerations for arbitrators. The remuneration of the arbitrators shall be a percentage of the total disputed amount with a maximum and a minimum limit according to the circumstances and complexity of the case. The Board, on the basis of a proposal by the Committee, may amend such tables from time to time.
 
Article (50)
The Chamber shall receive a non-refundable “registration fee” payable upon filing of the application for conciliation or arbitration.
 
Article (51)
The Chamber shall receive an “administrative fee” in proportion to the amount of the Dispute as appearing in the table of charges.
 
Article (52)
The Committee shall determine the remunerations for the conciliators before transmitting the file of the Dispute to them, and it may request from the parties an advance payment against the costs of the conciliation payable by them in equal shares or by one of them.
 
Article (53)
  1. The Committee shall fix on a preliminary basis the remunerations of the arbitrators according to the table attached to these Rules and also the advance payment that shall be paid by the parties in equal shares in advance, fully or in installments, in accordance with the provisions of Article (27) and this part.
  2. The advance payment may be paid in full by the party desiring to proceed with the arbitration if the other party fails to pay his share.
  3. If the amount of the Dispute is not fixed, the Committee shall estimate the remunerations of the arbitrators and the amount for disbursements according to the size and complexity of the case.
  4. If a counterclaim/ counterclaims is/are filed independently from the original claim, the Committee may fix an additional advance payment for it/them payable by the claiming party without prejudice to the principle of equality in sharing such advance payments if the Committee so decides.

Article (54)

  1. The file of the case shall not be delivered to the Conciliation Panel or Arbitral Tribunal except after payment of the administration fees and the advance payment decided by the Committee.
  2. The Committee may demand from the parties additional advance payments if it considers the advance payment already paid is inadequate to cover the costs of the conciliation or arbitration.
  3. If the parties fail to pay one of the installments of the advance payment, the conciliation or arbitration shall be suspended and the Secretariat shall inform both the Panel/Tribunal and the Committee thereof.
 
Article (55)
The Committee may, in exceptional circumstances, fix the arbitrator's remuneration in an amount which varies from the limits specified in the prescribed table if, in its opinion, the size and complexity of the case calls for that, such as ordering an increase if the arbitration continues for a longer period or the subject of the Dispute diverges in a manner beyond the desire of the Tribunal, and a decrease if the parties, for example, reach an amicable settlement beyond the purview of the Tribunal during the course of the arbitration. In the event of a decrease, the unused balance shall be returned to the parties, or one of them, as the case may be.
 
Article (56)
The fees and the advance payments against the costs referred to in these rules shall be paid to the treasury of the Chamber according to its financial rules.

 

 
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