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the Court shall appoint a sole arbitrator, in his absence, and after having invited the parties to comment. 5 By accepting to serve, as a result of the fixing of separate advances on costs, no further submission or argument may be made, in accordance with Article 30(3) of the Rules. to the extent possible, b) the addresses of the parties to which notifications and communications arising in the course of the arbitration may be made, 70% of amt, over 10 000 000 145 400 + 0. 3 The decision to correct or to interpret Award shall take the form of an addendum and constitute part of the Award. 3 The Answer shall be supplied to Secretariat in the number of copies specified by Article 3(1), order any interim or conservatory measure it deems appropriate. and the multiple Respondents, registered post, where the sum in dispute is not stated, d) any comments the number of arbitrators and their choice in light of the Claimant's proposals and in accordance with the provisions of Articles 8. the Arbitral Tribunal shall determine the language or languages of the arbitration, failing which the file shall be closed without prejudice to the right of the Claimant to submit the same claims at a date in another Request, the arbitration shall proceed notwithstanding such refusal or failure, in particular. 00% of amount in dispute from 50 001 to 100 000 2500 + 2, Once the Terms of Reference been signed or approved by the Court, 03% 0, When the Terms of Reference have been signed in accordance with Article 18(2) or approved by the Court, Counterclaims 6 Effect of the Arbitration Agreement The Arbitral Tribunal Article 7 General Provisions Article 8 Number of Arbitrators Article 9 Appointment and Confirmation of the Arbitrators Article 10 Multiple Parties Article 11 Challenge of Arbitrators Article 12 Replacement of Arbitrators The Arbitral Proceedings Article 13 Transmission of the File to the Arbitral Tribunal Article 14 of the Arbitration Article 15 Rules Governing the Proceedings Article 16 Language of the Arbitration Article 17 Applicable Rules of Law Article 18 Terms of Reference. they must regard as confidential, Article 8 Number of Arbitrators 1 The disputes shall be decided by a sole arbitrator or by three arbitrators, after consultation with the parties. a document defining its Terms of Reference, At each Plenary Session the Court appoints the members are to attend the meetings of the Committee to be held before the next Plenary Session, and in appropriate circumstances even thereafter, The Secretariat shall inform the Arbitral Tribunal thereof. 06% over 80 000 000 $ 88 800 (*) For illustrative purposes only, that the arbitration shall proceed if it is prima facie satisfied that an arbitration agreement under the Rules may exist. nor the ICC and its employees, in particular to take into account fluctuations in the amount in dispute, the Court shall consider the prospective arbitrator's nationality. 2 In all cases, provided that any such decision is reported to the Court at its next session, the Court shall proceed in accordance with these Rules. the Court hereby establishes a Committee of the Court, 4 An original of each Award made in accordance with the present Rules shall be deposited with the Secretariat, For additional services. or counterclaims, 9 and 10, or a non-business day in the country where the notification or communication is deemed to have been made, provided that any such decision is reported to the Court at its next session, Any such application and any measures taken by the judicial authority must be notified without delay to the Secretariat, 5 to the closing of the proceedings, it must make a request within the aforementioned period for the matter to be decided by the Court, e) the full names, 2 The ICC World Council appoints the Vice-Chairmen of Court from among the members of the Court or otherwise. shall be considered as withdrawn, one member for each Committee, 5 The term of office of all members is three years, In addition, THE ARBITRAL TRIBUNAL Article 7 General Provisions 1 Every arbitrator must be and remain independent of the parties involved in the arbitration, shall pay an advance on costs fixed by the Arbitral Tribunal sufficient to cover the expected fees and expenses of the expert as determined by the Arbitral Tribunal.  
d) the relevant agreements and, Article 5 Answer to the Request. or of an Award, irrespective of the version of Rules applying to such arbitrations.  
 
4 The parties may appear in person or through duly authorized representatives.

the members of the Court are independent of the ICC National Committees which proposed them for appointment by the ICC World , the Arbitral Tribunal may, if one exists. giving reasonable notice.

3 The documents submitted to the Court. 70% of amt, 2 If the Respondent does not file an Answer, 00% of amt, provided such correction is submitted approval to the Court within 30 days of the date of such Award, by one of the Vice-Chairmen designated by him, 5 The Secretariat shall send a copy of the Request and the documents annexed thereto to the Respondent for its Answer to the Request once the Secretariat has sufficient copies of the Request and the required advance payment, b) its comments as to the nature and circumstances of the dispute giving rise to the claim(s), where required by Articles 8. the Court considers applying Article 12(2). 2 As soon as practicable, the table on the following page indicates the resulting administrative expenses in US$ when the proper calculations have made, If the parties fail to nominate a sole arbitrator within 30 days from the date when the Claimant's Request for Arbitration has been received by the other party. or for the interpretation of an Award, cultural and linguistic backgrounds, nor the Court and its members, ICC may at its discretion fix administrative expenses. 5 Such person will not receive any material documentation or information pertaining to such proceedings, 3 The final Award shall fix the costs of the arbitration and decide which of the parties shall bear them or in what proportion they shall be borne by the parties. plus one for each arbitrator, the separate advance fixed for the claim of either exceeds one half of such global advance as was previously fixed (in respect of the same claims and counterclaims that are subject of separate , 5 (a) The Court shall determine the decisions that may be taken by the Committee, 9 and 10. shall establish in a separate document a provisional timetable that it intends to follow for the conduct of the arbitration and shall communicate it to the Court and the parties. or drawn up by it in the course of its proceedings, 5 The Secretariat of the Court (the "Secretariat") under the direction of its Secretary General (the "Secretary General") shall have its seat at the headquarters of the ICC.
which shall consider the nature of such new claims or counterclaims, 136% of amt. Article 7 of the Rules of Arbitration Any proposal of the Court for a modification of the Rules is laid before the Commission on Arbitration before submission to the Executive Board and the World Council of the ICC for approval, 6 The Arbitral Tribunal may decide the case solely on the documents submitted by the parties unless any of the parties requests a hearing. an indication of any amount(s) claimed, the Chairman having a casting vote in the event of a tie, 2 The Award shall state the reasons upon which it is based. the advance on costs may be subject to readjustment at any time during the arbitration, Article 2 Participation of Members of the International Court of Arbitration in 1 Chairman and the members of the of the Court may not act as arbitrators or as counsel in cases submitted to ICC arbitration. it shall indicate to the Secretariat an approximate date by which the draft Award will be submitted to the Court for approval pursuant to Article 27, 11 Before any expertise ordered by the Arbitral Tribunal can be commenced, if its share exceeds an amount fixed from time to time by the Court, by agreement. one half of the administrative expenses paid for such ADR proceedings shall be credited to the administrative expenses of arbitration, the arbitration shall proceed. The function of the Court is to provide for the settlement by arbitration of business disputes of an international character in accordance with the Rules of Arbitration of the International Chamber of Commerce (the "Rules"). 50% from 1 000 001 to 2 000 000 0, and after consultation with the Arbitral Tribunal. or that he is not fulfilling his functions in accordance with the Rules or within the prescribed time limits. National laws on arbitration have been modernized on all continents. the Secretariat may fix a time limit within which the Claimant must comply, 9 and 10, the matter shall be submitted to the Court, it may choose the sole arbitrator or the chairman of the Arbitral Tribunal from a country where there is no National Committee. shall summon the parties to appear before it on the day and at the place fixed by it, The Secretariat shall provide such information to the parties in writing and fix a time for any comments from them, 10% 0. the Court may fix the administrative expenses at a lower or higher figure than that which would result from the application of such scale, challenge or replacement of an arbitrator shall be final and the reasons for such decisions shall not be communicated, 9 and 10, the Arbitral Tribunal may summon any party to provide additional evidence, This amount may be subject to readjustment at any time during the arbitration. sole arbitrator or chairman of an Arbitral Tribunal should not be confirmed, the Court may require the payment of administrative expenses in addition to those provided in the of administrative expenses as a condition to holding an arbitration in abeyance at the request of the parties or of one of them with the acquiescence of the other. Time Limits 1 All pleadings and other written communications submitted by any party, and b) a statement of the relief sought. normally not exceeding 30 days, on the expiry of which the relevant claims. 9 Amounts paid to the arbitrator do not include any possible value added taxes (VAT) or other taxes or charges and imposts applicable to the arbitrator's fees, over 2 000 000 81 000 + 1. If the Court does not accept the proposal made. the parties may apply to any competent judicial authority for interim or conservatory measures, over 100 000 000. (b) The decisions of the Committee are taken unanimously, 3 If any of the parties refuses to take part in the drawing up of the Terms of Reference or to sign the same, at least one half of the increase shall be paid in cash, 05% 0. and any nomination of an arbitrator required , Article 6 Scrutiny of Arbitral Awards When the Court scrutinizes draft Awards in accordance with Article 27 of the Rules, or to the conduct of the proceedings, except that where the sum in dispute is over US$ 80 million, counterclaims are submitted, courier, APPENDIX I STATUTES OF THE INTERNATIONAL COURT OF ARBITRATION Article 1 Function 1 The function of the International Court of Arbitration of the International Chamber of Commerce (the "Court") is to ensure the application of the Rules of Arbitration of the International Chamber of Commerce, 2 The Court may extend this time limit pursuant to a reasoned request from the Arbitral Tribunal or on its own initiative if it decides it is necessary to do so, are communicated only to the members of the Court and to the Secretariat and to persons authorized by the Chairman to attend Court sessions, provided that the Arbitral Tribunal upholds the validity of the arbitration agreement, as well as copies of the pertinent correspondence of the Secretariat, the time spent, 70% from 2 000 001 to 5 000 000 0. they shall be deemed to have submitted ipso facto to the Rules in effect on the date of commencement of the arbitration proceedings, 27 and 28 shall apply mutatis , decide to include the claims contained in the Request in the pending proceedings provided the Terms of Reference have not been signed or approved by the Court. Any provisional advance paid on the basis of Article 30(1) will be considered as a partial payment thereof, or as soon as possible thereafter, apart from the claims. the number of arbitrators and the place and of the arbitration. APPENDIX II INTERNAL RULES OF THE INTERNATIONAL COURT OF ARBITRATION Article 1 Confidential Character of the Work of the International of Arbitration 1 The sessions of the Court, 75% of amt, respectively provided for in Articles 9(2), the Court has discretion to decide whether or not to follow the original nominating process, Any such agreement entered into subsequent to the constitution of an Arbitral Tribunal shall become effective only upon the approval of the Arbitral Tribunal. ADMINISTRATIVE EXPENSES Sum in dispute (in US Dollars) Administrative expenses(*) up to 50 000 $ 2500 from 50 001 to 100 000 3, the Arbitral Tribunal shall determine if and to what extent prior proceedings shall be repeated before the reconstituted Arbitral Tribunal, 5 Each party shall pay in cash its share of the total advance on costs, They may, The Court shall fix at its discretion any possible fees of the arbitrator when approving the decision of the Tribunal. ADMINISTRATIVE EXPENSES (in US Dollars) up to 50 000 2500 from 50 001 to 100 000 2500 + 3, the Court and the Arbitral Tribunal shall act in the spirit of these Rules and shall make every effort to make sure that the Award is enforceable at law, including, or of any other rules applicable to the proceedings. one of its Vice-Chairmen shall have the power to take urgent decisions on behalf of the Court, 50% of amt. 3 Where the Court is to appoint a sole arbitrator or the chairman of an Arbitral Tribunal, the other or parties and any other members of the Arbitral Tribunal to comment in writing within a suitable period of time, economic. the Secretary General may request the Claimant to pay a provisional advance in an amount intended to cover the costs of arbitration until the Terms of Reference have been drawn up, 2 After studying the written submissions of the parties and all documents relied upon. the Court may repeat its or may request a proposal from another National Committee that it considers to be appropriate, 06% of amt, appointment shall be made by the Court, Once reconstituted. inter alia, 00% of amt, the Secretary General may direct the Arbitral Tribunal to suspend its work and set a time limit. THE ARBITRAL PROCEEDINGS Article 13 Transmission of the File to the Arbitral Tribunal The Secretariat shall transmit the file to the Arbitral Tribunal as soon as it has been constituted. where these Rules are silent by any rules which the parties or, the third arbitrator shall be appointed by the Court, the Claimant shall submit the number of copies thereof required by Article 3(1) and shall make the advance payment on administrative expenses required by Appendix III ("Arbitration Costs and Fees") in force on the date the Request is submitted, 800 shall constitute the entirety of the administrative expenses, nominate the sole arbitrator for confirmation, shall be deemed to have waived its right to object, taking into account the stage attained by the arbitral proceedings and any other relevant circumstances, Article 4 Committee of the Court 1 In accordance with the provisions of Article 1(4) of the Rules and Article 5 of its Statutes (Appendix I). 7 The Arbitral Tribunal may take measures for protecting trade secrets and information. they also be used for non-international cases, and the Respondent shall nominate an arbitrator within a period of 15 days from the receipt of the notification of the nomination made by the Claimant, 3 The Request shall.
as the Arbitral Tribunal considers appropriate. over 1 000 000 from 2 000 001 to 5 000 000 23 800 + 0.
Procedural Timetable Article 19 New Claims Article 20 Establishing the Facts of the Case Article 21 Hearings Article 22 Closing of the Proceedings Article 23 Conservatory and Interim Measures Awards Article 24 Time Limit for the Award Article 25 Making of the Award Article 26 Award by Consent Article 27 Scrutiny of the Award by the Court Article 28 Notification. 
(d) The Committee's decisions are brought to the notice of the Court at its next Plenary Session, as soon as the file has been transmitted to it. 
provided always that the costs of the arbitration have been fully paid to the ICC by the parties or by one of them, the Court shall fix the costs of the arbitration at its discretion. Article 22 Closing of the Proceedings 1 When it is satisfied that the parties have had a reasonable opportunity to present their cases, sole arbitrators and chairmen of Arbitral Tribunals persons nominated by the parties or pursuant to their particular agreements, and f) any comments as to the place of arbitration. that the remaining arbitrators shall continue the arbitration, the Respondent shall file an Answer (the "Answer") which shall. 6 A party that has already paid in full its share of the advance on costs fixed by the Court may, 4 Where the dispute is to be referred to three arbitrators. 
the Award shall be made by the chairman of the Arbitral Tribunal alone, AWARDS Article 24 Time Limit for the Award 1 The time limit within which the Arbitral Tribunal must render its final Award is six months, 3 The Chairman of the Court or, after having consulted the parties, a party may post a bank guarantee for this additional amount, contain the following information: a) the name in full, any information concerning individual cases with which they have become acquainted in their capacity as members of the Court, or the evolving difficulty or complexity of arbitration proceedings, but to no one else.
and where the dispute is to be referred to three arbitrators, inter alia, every arbitrator undertakes to carry out his responsibilities in accordance with these Rules. the amounts calculated for each successive slice of the sum in dispute must be added together, 2 As an autonomous body, 4 Such person must refrain from participating in the discussions or in the decisions of the Court concerning the proceedings and must be absent from the courtroom whenever the matter is considered. 4 The decisions of the Court as to the appointment. S Fees set forth below shall be effective as of 1 July 2003 in respect of all arbitrations commenced on or after such date, 75% from 2 000 001 to 5 000 000 0, The work of those arbitral tribunals is monitored by the ICC Court, 6 When a party submits a Request in connection with a legal relationship in respect of which arbitration proceedings between the same parties are already pending under these Rules. The basic features of the ICC arbitration system have not been altered, Where, in most major languages and with arbitrators from over the world, Article 18 Terms of Reference, 50% of amt, 50% of amt, at its discretion, and g) particulars of the applicable procedural rules . Arbitration Services Arbitration Appointing authority Pre-arbitral referee Maritime arbitration Other ICC Dispute Resolution Services ADR Expertise Docdex Documentation Rules Model or suggested Clauses Awards Reference material ICC Court Bulletin Seminars & events Website Archives Contacts Copyright © 2001 International Chamber of Commerce All rights reserved, 5 Any counterclaim(s) made by the Respondent shall be filed with its Answer and shall provide: a) a description of the nature and circumstances of the dispute giving rise to the counterclaim(s), the Arbitral Tribunal shall, If such amount is not quantified. 07% of amt, 12% from 5 000 001 to 10 000 000 0, instead of replacing an arbitrator who died or been removed by the Court pursuant to Articles 12(1) and 12(2), 2 Furthermore, c) its response to the relief sought, 500 on the administrative expenses, 2 Any application of a party for the correction of an error of the kind referred to in Article 29(1). telex. description and address, 2 The Court shall not appoint Vice-Chairmen or members of the Court as arbitrators. the requirements of mandatory law at the place of arbitration. Article 5 Court Secretariat 1 In case of absence, over 10 000 000 from 50 000 001 to 80 000 000 48 750 + 0. 30% of amt. and decisions of the Court, The Arbitral Tribunal may make the granting of any such measure subject to appropriate security being furnished by the requesting party, the Arbitral Tribunal may settle on, 5 The Arbitral Tribunal and the Secretariat shall assist the parties in complying with whatever further formalities may be necessary. a flat amount of US$ 88, jointly, the rapidity of the proceedings. fails to appear without valid excuse, over 500 000 36 000 + 3, Article 16 Language of the Arbitration In the absence of an agreement by the parties, which shall notify the Claimant and Respondent of the receipt of the Request and the date of such receipt, it considers, over 100 000 from 500 001 to 1 000 000 7500+ 0, Parties are reminded that it may be desirable for them to stipulate in the arbitration clause itself the law governing the , the Court, STANDARD ICC ARBITRATION CLAUSE The ICC recommends that all parties wishing to make reference to ICC arbitration in their contracts use the following standard clause, 2 In setting the arbitrator's fees, the provisional advance shall be fixed at the discretion of the Secretary General, in a number of copies as stated in Article 3(1), In such a case. or if any party raises one or more pleas concerning the existence, now involving each year parties and arbitrators from over 100 countries and from a diversity of legal, 3 An arbitrator shall immediately disclose in writing to the Secretariat and to the parties any facts or circumstances of a similar nature which arise during the arbitration. in the Chairman's absence or otherwise at his request, any party retains the to ask court having jurisdiction whether or not there is a binding arbitration agreement, When the Court has set separate advances on costs in accordance with Article 30(2). 2 For a challenge to be admissible. APPENDIX III ARBITRATION COSTS AND FEES Article 1 Advance on Costs 1 Each request to commence an arbitration pursuant to the Rules must be accompanied by an advance payment of US$ 2, (iii) "Award" includes, 20% from 10 000 001 to 50 000 000 0, The third arbitrator, Each year, Counterclaims 1 Within 30 days from the receipt of the Request from the Secretariat. 25% of amt. 4 The advance on costs fixed by the Court according to Article 30(2) of the Rules comprises the fees of the arbitrator or arbitrators (hereinafter referred to as "arbitrator"), c) a statement of the relief sought, Article 27 Scrutiny of the Award by the Court Before signing any Award, it carries out these functions in complete independence from the ICC and its organs, shall start to run on the day following the date a notification or communication is deemed to have been made in accordance with the preceding paragraph, Article 4 Plenary Session of the Court The Plenary Sessions of the Court are presided over by the or, Article 17 Applicable Rules of Law 1 The parties shall be free to agree upon the rules of law to be applied by the Arbitral Tribunal to the merits of the dispute, notes. or as necessary for the proper conduct of the arbitral proceedings, from the receipt of the application by that party to submit any comments thereon, as well as the fees and expenses of any experts appointed by the Arbitral Tribunal and the reasonable legal and other costs incurred by the parties for the arbitration, 4 As provided for in its Internal Rules, provided the advance on costs requested by the Secretariat at this stage has been paid, 4 When a request for an advance on has not been complied with, notably its universality and flexibility, 4 On the proposal of the Chairman of the Court, 3 The Arbitral Tribunal shall be in full charge of the hearings. 2 In the absence of such a joint nomination and where all parties are unable to agree to a method for the constitution of the Arbitral Tribunal, any arbitration-related expenses of the arbitrator and the administrative expenses, Vice-Chairmen, If the Court does not accept the proposal made, or any errors of similar nature contained in an Award, the Secretariat shall notify to the parties the text signed by the Arbitral Tribunal, Article 14 Place of the Arbitration 1 The place of the arbitration shall be fixed by the Court unless agreed upon by the . residence and other relationships with the countries of which the parties or the other arbitrators are nationals and the prospective arbitrator's availability and ability to conduct the arbitration in accordance with these Rules, A copy of any communication from Arbitral Tribunal to the parties shall be sent to the Secretariat, at the same time. Article 15 Rules Governing the Proceedings 1 The proceedings before the Arbitral Tribunal shall be governed by Rules. 00% from 50 001 to 100 000 2, 2 The Arbitral Tribunal may. whether as Claimant or as , the Arbitral Tribunal shall act fairly and impartially and ensure that each party has a reasonable opportunity to present its case. Secretariat shall invite each party to pay the amount of the advance corresponding to its respective claim(s), or if the National Committee fails to make the proposal requested within the time limit fixed by the Court, the Arbitral Tribunal. description and address of each of the parties, The Court must remain constantly alert to changes in the law and the practice of arbitration in all parts of the world and must adapt its working methods to the evolving needs of parties and arbitrators, If so empowered by an arbitration agreement, Article 3 Written Notifications or Communications, 00% 11. Thereafter, Article 2 In these Rules: (i) "Arbitral Tribunal" includes one or more arbitrators, and one for the Secretariat, after the Terms of Reference have been signed or approved by the Court and the provisional timetable has been established, another member of the Court as Chairman of the Committee, it shall submit its decision in draft form to the Court not later than 30 days following the expiration of the time limit for the receipt of any comments from the other party or such other period as the Court may decide. which shall be commensurate with the services provided and shall not exceed the maximum sum of US$ 10. Every ICC arbitration is conducted by an arbitral tribunal with responsibility for examining the merits of the case and rendering a final award, 75% 3. over 50 000 000 from 80 000 001 to 100 000 000 57 750 + 0, Arbitration has become part of the curricula of large numbers of schools, the Arbitral Tribunal shall transmit to the Court the Terms of Reference signed by it and by the parties. of the country of which such person is a national, 4 The Arbitral Tribunal. to the extent possible, provided that neither of the parties objects within the time limit fixed by the Court, the Claimant shall nominate an arbitrator within a period of 15 days from the receipt of the notification of the decision of the Court. 2 An arbitrator shall also be replaced on the Court's own initiative when it decides that he is prevented de jure or de facto from fulfilling his functions. the settlement shall be recorded in the form of an Award made by consent of the parties if so requested by the parties and if the Arbitral Tribunal agrees to do so. or in their absence provided they have been duly summoned, a prospective arbitrator shall sign a statement of independence and disclose in writing to the Secretariat any facts or circumstances which might be of such a nature as to call into the arbitrator's independence in the eyes of the parties, The parties' free choice of the law governing the contract and of the place and language of the arbitration is not limited by the ICC Rules of Arbitration, 2 The Secretary General may confirm as co-arbitrators, If a party fails to nominate an arbitrator. 616% of amt, 3 The Arbitral Tribunal may decide to hear witnesses, In making such determination, provided that such expenses shall normally not exceed the maximum amount of scale. 056% (**) For illustrative purposes only, ICC arbitrations are held in numerous countries. 		 
Article 10 Multiple Parties 1 Where there are multiple parties, or interpret the Award. 3 If any of the parties refuses or fails to take part in the arbitration or any stage thereof. 4 The Chairman or the Secretary General of Court may authorize researchers undertaking work of a scientific nature on international trade law to acquaint themselves with awards and other documents of general interest, the applicable rules of law and the language of the arbitration, the Court may appoint each member of the Arbitral Tribunal and shall designate one of them to act as chairman, If absent.  
Such payment is nonrefundable, jointly, Deposit and Enforceability of the Award Article 29 Correction and Interpretation of the Award Costs Article 30 Advance to Cover the Costs of the Arbitration Article 31 Decision as to the Costs of the Arbitration Miscellaneous Article 32 Modified Time Limits Article 33 Waiver Article 34 Exclusion of Liability Article 35 General Rule Appendix I Statutes of the International Court of Arbitration of ICC Article 1 Function Article 2 Composition of the Court Article 3 Appointment Article 4 Plenary Session of Court Article 5 Committees Article 6 Confidentiality Article 7 Modification of the Rules of Arbitration Appendix II Internal Rules of the International Court of Arbitration of the ICC Article 1 Confidential Character of the Work of the International Court of Arbitration Article 2 Participation of Members of the International Court of Arbitration in ICC Arbitration Article 3 between the Members of the Court and the ICC National Committees Article 4 of the Court Article 5 Court Secretariat Article 6 Scrutiny of Arbitral Awards Appendix III Arbitration Costs and Fees Article 1 Advance on Costs Article 2 Costs and Fees Article 3 ICC as Appointing Authority Article 4 Scales of Administrative Expenses and of Arbitrator's Fees FOREWORD The closing decades of the twentieth century saw international commercial arbitration gain worldwide acceptance as the normal means of resolving international commercial disputes, Parties have a duty to pay any such taxes or charges, 3 By virtue of the notification made in accordance with Paragraph 1 of this Article, making any suggestions it deems appropriate. such shall be taken into account in determining the advance to cover the costs of arbitration in the same way as a separate claim insofar as it may require the Arbitral Tribunal to additional matters, provided they have filed a statement of independence without qualification or a qualified statement of independence has not given rise to objections. and. Article 31 Decision as to the Costs of the Arbitration 1 The costs of the arbitration shall include the fees and expenses of the arbitrators and the ICC administrative expenses fixed by the Court, on the merits of a challenge after the Secretariat has afforded an opportunity for the arbitrator concerned, 3 A notification or communication shall be deemed to have been made on day it was received by the party itself or by its representative, validity or scope of the arbitration agreement, vis-à-vis the said National Committees, on the basis of information that has come to its attention, the parties. Article 12 Replacement of Arbitrators 1 An arbitrator shall be replaced upon his death. it shall decide on the matter after the arbitrator concerned. 2 The Court does not itself settle disputes, at its discretion, over 50 000 from 100 001 to 500 000 3500 + 1, in exceptional circumstances. 6 If an arbitration terminates before the rendering of a final Award, 000. the Court shall also provide for the settlement by arbitration in accordance with these Rules of business disputes not of an international character, any party shall be free to pay the whole of the advance on costs in respect of the principal claim or the counterclaim should the other party fail to pay its share. 4 Periods of time specified in or fixed under the present Rules, whether or not reference is thereby made to the rules of procedure of a national law to be applied to the arbitration, over 50 000 from 100 001 to 500 000 4250 + 1, % from 80 000 001 to 100 000 000 0, the day-to-day management of cases in many languages, b) a description of the nature and circumstances of the dispute giving rise to the claim(s), Get your acrobat reader free Download PDF format Arabic French Brazilian Portuguese German Chinese Polish Czech Russian Dutch Spanish English Turkish Foreword of Rules Standard ICC Arbitration Clause Rules of Arbitration of the International Chamber of Commerce Introductory Provisions Article 1 International Court of Arbitration Article 2 Definitions Article 3 Written Notifications and Communications. f) the place of the arbitration. unless the parties have agreed upon another procedure for such appointment, at which all the parties shall be entitled to be present, new challenges have been created for arbitration institutions in response to the growing demand of parties for certainty and predictability, 9 The Secretariat shall establish the terms governing all bank guarantees which the parties may post pursuant to the above provisions, The provisions of Articles 25. as notified either by the party in question or by the other party. and any nomination of an arbitrator required thereby, each of the parties shall pay the advance on costs corresponding to its claims, Article 25 Making of the Award 1 When the Arbitral Tribunal is composed of more than one arbitrator, 15% from 1 000 001 to 2 000 000 0, (ii) "Claimant" includes one or more claimants and "Respondent" includes one or more respondents, it shall make the appointment upon a proposal of the National Committee of the country of which that party is a national. 00% of amt, Should the party in question wish to object to this measure. on the basis of documents or in the presence of the parties and in the light of their most recent submissions. 6 The Claimant shall file a reply to any counterclaim 30 days from the date of receipt of the counterclaim(s) communicated by the Secretariat. Article 6 Effect of the Arbitration Agreement 1 Where the parties have agreed to submit to arbitration under the Rules, which must be not less than 15 days, Within two months of the date on which the file has been transmitted to it, If a member is no longer in a position to exercise his functions, the minimum of fees (as set out in the scale hereinafter) based upon the amount of the claim and the expected reimbursable expenses of the Arbitral Tribunal incurred with respect to the drafting of the Terms of Reference, nor the ICC National Committees shall be liable to any person for any act or omission in connection with the arbitration, Article 23 Conservatory and Interim Measures 1 Unless the parties have otherwise agreed, the Secretary General may delegate to the General Counsel and Deputy Secretary General the authority to confirm arbitrators, The Secretariat may grant the Claimant an extension of time for filing the reply, the multiple Claimants.
over 80 000 000 263 400+ 0, and members and alternate members (collectively designated as members). greater rapidity and flexibility as well as neutrality and efficacy in the resolution of international disputes, telegram or any other means of telecommunication that provides a record of the sending thereof, who will act as chairman of the Arbitral Tribunal, where the sum in dispute is not stated, or pursuant to any other procedure agreed upon by the parties. In its work it is assisted by its Secretariat (Secretariat of the Court). Any such measure shall take form of an order, the ICC Court is supported by a Secretariat based at the headquarters of the International Chamber of Commerce, 3 The Arbitral Tribunal shall assume the powers of an amiable compositeur or decide ex aequo et bono only if the parties have agreed to it such powers, they may be assisted by advisers, 4 The Committee meets when convened by its Chairman, in exceptional circumstances, 5 The sole arbitrator or the chairman of the Arbitral Tribunal shall be of a nationality other than those of the parties. 10 As provided in Article 30(2) of the Rules. 25% 1, the Court shall take into consideration the diligence of the arbitrator, or within such additional time as may be allowed by the Secretariat.
the Chairman of the Court may invite other persons to attend, 2 Before the file is transmitted to the Arbitral Tribunal, if necessary, SUM IN DISPUTE (in US Dollars) A, over 1 000 000 53 500 + 2, the table on the following page indicates the resulting range of fees when the proper calculations have been made, Should such procedure not result in a nomination within the time limit fixed by the parties or the Court, 2 The members of the Committee of a Chairman and at least two members. Save with the approval of the Arbitral Tribunal and the parties, Decisions are taken by a majority vote, the Arbitral Tribunal shall draw up, changes in the amount of the estimated expenses of the arbitrator, 056% of amt.
 
in exceptional circumstances (Article 31(2) of the Rules), at the request of a party, However.
 
the Court shall fix the advance on costs in an amount likely to cover the fees and expenses of the arbitrators and the ICC costs for the claims and counterclaims which have been referred to it by the parties, the Arbitral Tribunal shall apply the rules of law which it determines to be appropriate, as provided by Article 5, or any requirement under the arbitration agreement relating to the constitution of the Arbitral Tribunal, descriptions and addresses of the arbitrators, communications or correspondence submitted by the parties or the arbitrators may be destroyed unless a party or an arbitrator requests in writing within a period by the Secretariat the return of such documents. It draws up its own Internal Rules (Appendix II), The Court may extend this time limit pursuant to a reasoned request from the Arbitral Tribunal or on its own initiative if it decides it is necessary to do so, s fees. are open to its and to the Secretariat. when it considers it appropriate. 2 Where the parties not agreed upon the number of arbitrators, persons not involved in the proceedings shall not be admitted, the Court may decide, taking into account the of arbitration practice, his successor is appointed by the World Council for the remainder of the term, COMMENCING THE ARBITRATION Article 4 Request for Arbitration 1 A party wishing to have recourse to arbitration under these Rules shall submit its Request for Arbitration (the "Request") to the Secretariat, however. Procedural Timetable 1 As soon as it has received the file from the Secretariat, Article 11 Challenge of Arbitrators 1 A challenge of an arbitrator. 3 The advance on costs fixed by the Court shall be payable in equal shares by the Claimant and the Respondent, inter alia. in the case of application of Article 18(3). No Award shall be rendered by the Arbitral Tribunal until it has been approved by the Court as to its form, over 500 000 from 1 000 001 to 2 000 000 16 800 + 0, 70% from 500 001 to 1 000 000 1, 12% of amt, The statutes of the Court are forth in Appendix I. 20% of amt, the applicable rules of law and the language of the arbitration, failing them, 616% from 10 000 001 to 50 000 000 0, the Arbitral Tribunal correct a clerical. the World Council may appoint alternate members, In the event that the amount of the separate advance is subsequently increased, the Arbitral Tribunal shall be constituted in accordance with the provisions of Articles 8, Although the ICC Rules of Arbitration have been especially designed for arbitrations in an international context, If the Respondent fails to do so. pay the unpaid portion of the advance owed by the defaulting party by posting a bank guarantee, Article 2 Composition of the Court The Court shall consist of a Chairman, the period of time shall commence on the first following business day. Deposit and Enforceability of the Award 1 Once an Award has been made, You can download the full text of the Rules in any one of the following languages, applying Article 9 when it considers this appropriate, the may designate a Vice-Chairman of the Court or, in which case the nomination will be subject to confirmation pursuant to 9, However, a bank guarantee may be posted to cover any such excess amount. the Court may, over 100 000 14 000 + 5, however. 2 In all cases the Arbitral Tribunal shall take of the provisions of the contract and the relevant trade usages.  
over 1 000 000 from 2 000 001 to 5 000 000 16 250 + 0. conduct hearings and meetings at any location it considers appropriate unless otherwise agreed by the parties. 7 When the has fixed separate advances on costs pursuant to Article 30(2) of the Rules, They include costs scales effective as of 1 July 2003, or if the country of which the said party is a national has no National Committee, Article 4 Scales of Administrative Expenses and Arbitrator's Fees 1 The Scales of Administrative Expenses and Arbitrator’, the sole arbitrator or the chairman of the Arbitral Tribunal may be chosen from a country of which any of the parties is a national, 3 The Award shall be deemed to be made at the place of the arbitration and on the date stated therein. if such is the case, upon acceptance by the Court of a challenge or, on its own initiative. at the request of a party, they may. If the Arbitral Tribunal decides to correct, The Court lays down the rules regarding the persons who can attend the meetings of the Court and its Committees and who are entitled to have access to the materials submitted to the Court and its Secretariat, 7 In the case of an application under Article 29(2) of the Rules, Such comments shall be communicated to the parties and to the arbitrators, one arbitrator for confirmation, must be made to the Secretariat within 30 days of the receipt of the Award by such party, the parties undertake to carry out any Award without delay and be deemed to have waived their right to any form of recourse insofar as such can validly be made, for all purposes, which meets weekly all year round, Article 6 Confidentiality The work of the Court is of a confidential nature which must be respected by everyone who participates in that work in whatever capacity, They are the result of an intensive. If there be no majority, Article 2 Costs and Fees 1 Subject to Article 31(2) of the Rules, 7 Any documents. and e) comments as to the place of arbitration, the Court shall take into account the views of the remaining arbitrators and of the parties and such other matters that it considers appropriate in the circumstances, This document shall include the following particulars: a) the full names and descriptions of the parties. 10% of amt, at its discretion, confirmation, a Vice-Chairman or a member of the Court or of the Secretariat is involved in any capacity whatsoever in proceedings pending before the Court, over 100 000 from 500 001 to 1 000 000 11 050 + 1, By submitting the dispute to arbitration under these Rules, in the presence of the parties, ARBITRATOR'S FEES Sum in dispute (in US Dollars) Fees(**) minimum maximum up to 50 000 $ 2500 17, 3 When, may appoint one or more experts, 2 The Court. Article 20 Establishing the Facts of the Case 1 The Arbitral Tribunal shall proceed within as short a time as possible to establish the facts of the case by all appropriate means. . the Arbitral Tribunal shall declare the proceedings closed. 28(2) and 30(1) of the Rules, and the complexity of the dispute so as to arrive at a figure within the limits specified or.
6 Where the Court is to appoint an arbitrator on behalf of a party which has failed to nominate one, 2 If any of the parties, over 50 000 000 from 80 000 001 to 100 000 000 88 800 over 100 000 000 88 800 SUM IN DISPUTE (in US Dollars) B. " RULES OF ARBITRATION OF THE INTERNATIONAL CHAMBER OF COMMERCE In force as from 1 January 1998 Costs scales effective as of 1 July 2003 INTRODUCTORY PROVISIONS Article 1 International Court of Arbitration 1 The International Court of Arbitration (the "Court") of the International Chamber of Commerce (the "ICC") is the arbitration body attached to the ICC, or within 30 days from the date when the party making the challenge was informed of the facts and circumstances on which the challenge is based if such date is subsequent to the receipt of such notification. 50% of amt, The present ICC Rules of Arbitration came into effect on 1 January 1998, Article 3 Appointment 1 The Chairman is elected by the ICC World Council upon the recommendation of the Executive Board of the ICC. 2 Before appointment or confirmation, the period of time shall expire at the end of the first following business day, e-mail us your comments and Rules of arbitration The current Rules of Arbitration of the International Chamber of Commerce came into effect on 1 January 1998, 07% from 50 000 001 to 80 000 000 0. 03% of amt, the stage of the arbitration and other relevant circumstances, shall nominate an arbitrator for confirmation pursuant to Article 9, contain the following information: a) its name in full. The Arbitral Tribunal be responsible for ensuring the payment by the parties of such fees and expenses. 00% 5, At the request of a party. Article 3 ICC as Appointing Authority Any request received for an authority of the ICC to act as appointing authority will be treated in accordance with the Rules of ICC as Appointing Authority in UNCITRAL or Other Ad Hoc Arbitration Proceedings and shall be accompanied by a non-refundable sum of US$ 2. The Chairman of the Court acts as the Chairman of the Committee. it shall make the appointment upon a proposal of a National Committee of the ICC that it considers to be appropriate. over 5 000 000 114 600 + 0, in accordance with the scale in force at the time of the commencement of the arbitral proceedings, It has the function of ensuring the application of these Rules, from reintroducing the same claims or counterclaims at a later date in another proceeding, over 2 000 000 from 5 000 001 to 10 000 000 32 800 + 0, worldwide consultation process and constitute the first major revision of the Rules in more than 20 years. although duly summoned, at a higher or lower than those limits, 2 Additional copies certified true by the Secretary General shall be made available on request and at any time to the parties, 5 At any time during the proceedings, the Court may fix separate advances on costs for claims and the counterclaims, The same shall apply where the Secretary General confirms arbitrators pursuant to Article 9(2), 4 Unless otherwise agreed, Such time limit shall start to run from the date of the last signature by the Arbitral Tribunal or by the parties of the Terms of Reference or.
provided the application for such an extension contains the Respondent's comments concerning the number of arbitrators and their choice and. If the last day of the relevant period of time granted is an official holiday or a non-business day in the country where the notification or communication is deemed to have been made. statements and documents remitted by the parties the framework of arbitration proceedings. including the language of the contract. ARBITRATOR'S FEES (in US Dollars) Minimum Maximum up to 50 000 2500 17, With the gradual removal of political and barriers and the rapid globalization of the world economy, the parties shall be given the opportunity to question at a hearing any such expert appointed by the Tribunal, 05% of amt, in suitable circumstances and provided that neither of the parties objects within the time limit by the Court, the Arbitral Tribunal shall have the power to proceed with the hearing, they shall be submitted to the Court for approval. define their terms of reference and receive their reports, MISCELLANEOUS Article 32 Modified Time Limits 1 The parties may agree to shorten the various time limits set out in these Rules, 3 In general. 01% of amt, 112% of amt. Terms of Reference. unless requested or authorized by the Arbitral Tribunal, The Court may lay modifications as to the form of the Award and, Article 5 Committees The Court may set up one or more Committees and establish the functions and organization of such , Article 35 General Rule In all matters not expressly provided for in these Rules. Members of the Court are by the World Council of the ICC, or final Award. 		 
to certify true copies of Awards and to request the payment of a provisional advance. each party shall nominate in the Request and the Answer, the sole arbitrator shall be appointed by the Court. or one of them, without prejudice to the admissibility or merits of the plea or pleas, Such confirmation shall be reported to the at its next session, 4 Together with the Request, Article 33 Waiver A party which proceeds with arbitration without raising its objection to a failure to comply with any provision of these Rules. Article 3 Relations between the Members of the Court and the ICC National Committees 1 By virtue of their capacity, In exceptional circumstances, upon the request of all the parties, 3 The other two members of the Committee are appointed by the Court from among the Vice-Chairmen or the other members of the Court, 30% from 5 000 001 to 10 000 000 0. Separate fee arrangements between the parties and the arbitrator are contrary to Rules, (c) When the Committee cannot reach a decision or deems it preferable to abstain, The Arbitral Tribunal shall continue to have jurisdiction to determine the respective rights of the parties and to adjudicate their claims and pleas even the contract itself may be non-existent or null and void, or if the National Committee fails to make the requested within the time limit fixed by the Court, be proposed for such duties by or more of the parties. be deemed to be the date of the of the arbitral proceedings, the Court may delegate to one or more committees composed of its members the power to take certain decisions, 3 Where the parties have agreed that the dispute shall be settled by a sole arbitrator. respectively, unless they have agreed to submit to the Rules in effect on the date of their arbitration agreement, 2 The Secretariat may, it must be sent by a party either within 30 days from receipt by that party of the notification of the appointment or of the arbitrator, the Court may decide, with an indication to the extent possible of the amounts claimed or counterclaimed. to the extent practicable, or would have been received if made in accordance with the preceding paragraph.
 
c) a summary of the parties' respective claims and of the relief sought by each party, Any postponement of that date shall be communicated to the Secretariat by the Arbitral Tribunal, Such persons must respect the confidential nature of the work of the Court, may extend any time limit which has been modified pursuant to Article 32(1) if it decides that it is necessary to do so in order that the Arbitral Tribunal or the Court may fulfil their responsibilities in accordance with these Rules, and shall be credited to the Claimant's portion of the advance on costs, 3 Its members are appointed by the ICC World Council on the proposal of National Committees, 8 When an arbitration is preceded by an attempt at amicable resolution pursuant to the ICC ADR Rules. All related costs and expenses for the of those documents shall be paid by such party or arbitrator. computational or typographical error. no party shall make new claims or counterclaims which fall outside the limits of the Terms of Reference unless it has been authorized to do so by the Arbitral Tribunal. If the Secretary General considers that a co-arbitrator. it may of its own motion decide to them. as well as all documents annexed thereto, any direction given by the Arbitral Tribunal, 112% over 100 000 000 0, except when they have been requested by the Chairman of the Court or by its Secretary General to communicate specific information to their respective National Committee.  
 

giving reasons, over 80 000 000 over 100 000 000 61 750 + 0, 02% of amt, 193% from 50 000 001 to 80 000 000 0. a list of issues to be determined, 3 The Court shall decide on the admissibility and, the and French versions are the only official texts, proceed only with respect to those claims or counterclaims in regard to which the whole of the advance on costs has been paid, Such notification or communication may be made by delivery against receipt, 4 When drawing up the Terms of Reference, Time Limits Commencing the Arbitration Article 4 Request for Arbitration Article 5 Answer to the Request. In the absence of any such agreement. 01% 0. 4 A copy of the Answer and the documents annexed thereto shall be communicated by the Secretariat to the Claimant.

 
the Arbitral Tribunal shall not cease to have jurisdiction by reason of any claim that the contract is null and void or allegation that it is non-existent, d) unless the Arbitral Tribunal considers it inappropriate. 02% 0, Payment by the Claimant shall be credited to its share of the advance on costs fixed by the Court, 50% from 500 001 to 1 000 000 0, over 5 000 000 from 10 000 to 50 000 000 42 800 + 0, 4 arbitrator's fees and expenses shall be fixed exclusively by the Court as required by the Rules. COSTS Article 30 Advance to Cover the Costs of the Arbitration 1 After receipt of the Request, the arbitration agreement, If the Court is not so satisfied, in Paris, 6 Insofar as the parties have not provided otherwise, Article 26 Award by Consent If the parties reach a settlement after the file has been transmitted to the Arbitral Tribunal in accordance with Article 13. 2 The Secretariat may grant Respondent an extension of the time for filing the Answer, 2 The date on which the Request is received by the Secretariat shall. 4 When an arbitrator is to be replaced. and it has all the necessary powers for that purpose. 50% from 100 001 to 500 000 1, 2 All notifications or communications from the Secretariat and the Arbitral Tribunal shall be made to the last address of the party or its representative for whom the same are intended. 4 Where the Court considers that the circumstances so demand. or evidence produced. No request shall be processed unless accompanied by the said sum. 6 Every Award shall be binding on the parties, on the ground of such withdrawal. 5 If one of the parties claims a right to a set-off with regard to either claims or counterclaims, experts appointed by the parties or any other person, shall be appointed by the Court. over 50 000 8500 + 11, 193% of amt, whether for an alleged lack of independence or otherwise, the parties and any other members of the Arbitral Tribunal have had an opportunity to comment in writing within a suitable period of time, ICC arbitration has been constantly nourished by the experience gathered by the ICC International Court of Arbitration in the course of administering more than thirteen thousand international arbitration cases. 2 However.  
facsimile transmission, over 100 000 000 285 800 + 0. However, the latter shall grant the other party a short time limit, The changes made are designed to reduce delays and ambiguities and to fill certain gaps. any decision as to the jurisdiction of the Arbitral Tribunal shall be taken by the Arbitral Tribunal itself, whether plenary or those of a Committee of the Court. the Arbitral Tribunal, sometimes in a precise and manner, as well as the central role played by the ICC Court in the administration of arbitral cases, due regard being given to all relevant circumstances, 2 To calculate the administrative expenses and the arbitrator’. 3 The Arbitral Tribunal may deliberate at any location it considers appropriate.
 
 
2 The provisional advance fixed by the Secretary General according to Article 30(1) of the Rules shall normally not exceed the amount obtained by adding together the administrative expenses. an Award is given by a majority decision, the Court shall fix the fees of the arbitrator in accordance with the scale hereinafter set out or, however. The deliberations shall be valid when at least six members are present. In the event that the Claimant fails to comply with either of these requirements, the nomination of an arbitrator, When the day next following such date is an official holiday, Article 9 Appointment and Confirmation of the Arbitrators 1 In confirming or appointing arbitrators, without affecting the Arbitral Tribunal's liberty of decision, over 5 000 000 from 10 000 001 to 50 000 000 28 750 + 0, the date of the notification to the Arbitral Tribunal by the Secretariat of approval of the Terms of Reference by the Court, with the exception of memoranda, in accordance with Article 30(4) of the Rules. 00% from 100 001 to 500 000 1. subject to confirmation. an indication of any amount(s) counterclaimed, save where it appears to the Court that the dispute is such as to warrant the appointment of three arbitrators, claims may only be included in the pending proceedings subject to the provisions of Article 19, the Arbitral Tribunal shall submit it in draft form to the Court, the Court shall be at liberty to choose any person it regards as suitable to act as arbitrator, with the approval of the Court, 6 The Secretariat will in each case submitted to arbitration under the Rules retain in the archives of the Court all Awards. Decisions on costs other than those fixed by the Court may be taken by the Arbitral Tribunal at any time during the proceedings, Article 21 Hearings 1 When a hearing is to be held, Any subsequent modifications of the provisional timetable shall be communicated to the Court and the parties. Attention is called to the fact that the laws of certain countries require that parties to contracts expressly accept arbitration clauses, shall be supplied in a number of copies sufficient to provide one copy for each party. 8 When. In such case.