LCIA Arb 2020 LCIA Arbitration Rules 2020
For arbitrations conducted under the LCIA arbitration rules (the "LCIA Rules").
This schedule of arbitration costs (the "Schedule of Costs"), as amended from time to time by the LCIA, forms part of the LCIA Rules, and will apply in all arbitrations commenced after its effective date.
1. Administrative Charges
1(i) Registration fee (payable in advance with the Request for Arbitration: non-refundable).
This schedule of arbitration costs (the "Schedule of Costs"), as amended from time to time by the LCIA, forms part of the LCIA Rules, and will apply in all arbitrations commenced after its effective date.
1. Administrative Charges
1(i) Registration fee (payable in advance with the Request for Arbitration: non-refundable).
Registration Fee | £1,950 |
1(ii) Time spent* by the Secretariat of the LCIA in the administration of the arbitration.
Registrar / Deputy Registrar | £300 per hour |
Counsel | £285 per hour |
Case administrators | £220 per hour |
Casework accounting functions | £190 per hour |
1(iii) Time spent by members of the LCIA Court in carrying out their functions in deciding any challenge brought under the LCIA Rules.
Hourly Rates to be set by the LCIA Court
1(iv) A sum equivalent to 5% of the fees of the Arbitral Tribunal (excluding expenses) in respect of the LCIA’s general overhead.
1(v) Expenses incurred by the Secretariat and by members of the LCIA Court in connection with the arbitration (such as postage, telephone, travel, communications technology etc.) and additional arbitration support services, whether provided by the Secretariat or by the members of the LCIA Court from their own resources or otherwise.
1(vi) The LCIA’s charges will be invoiced in sterling, but may be paid in other convertible currencies, at exchange rates prevailing at the time of payment.
1(vii) Charges may be subject to Value Added Tax at the prevailing rate.
2. Fees and Expenses of the Arbitral Tribunal
2(i) The Arbitral Tribunal’s fees will be calculated by reference to work done by its members in connection with the arbitration and will be charged at rates appropriate to the particular circumstances of the case, including its complexity and any requirements as to special qualifications of the arbitrators. The Arbitral Tribunal shall agree in writing upon fee rates conforming to this Schedule of Costs prior to its appointment by the LCIA Court. The rates will be advised by the Registrar to the parties at the time of the appointment of the Arbitral Tribunal but may be reviewed if the duration or a change in the circumstances of the arbitration requires.
Fees shall be at hourly rates in the range of £250 to £650.
However, in exceptional cases, the rate may be higher, provided that, in such cases, (i) the fees of the Arbitral Tribunal shall be fixed by the LCIA Court on the recommendation of the Registrar, following consultations with the arbitrator(s), and (ii) the fees shall be agreed expressly by all parties.
2(ii) The Arbitral Tribunal’s fees may include a charge for time spent travelling.
2(iii) The Arbitral Tribunal’s fees may also include a charge for time reserved but not used as a result of late postponement or cancellation of hearings, provided that the basis for such charge shall be advised in writing to, and approved by, the LCIA Court and that the parties have been informed in advance.
2(iv) The Arbitral Tribunal may also recover such expenses as are reasonably incurred in connection with the arbitration, and as are reasonable in amount, provided that claims for expenses should be supported by invoices or receipts.
2(v) The Arbitral Tribunal’s fees shall be invoiced in the currency of account between the Arbitral Tribunal and the parties.
2(vi) In determining the Arbitration Costs for the purposes of Article 28.1 of the LCIA Rules, the LCIA Court may in exceptional circumstances limit the Arbitral Tribunal’s fees to a sum commensurate with the particular circumstances of the case including its complexity, duration and any other relevant circumstances, provided that if such limit is to be considered, the LCIA Court will inform the Arbitral Tribunal as soon as reasonably possible.
2(vii) Charges may be subject to Value Added Tax or similar taxes at the prevailing rate.
3. Payment from the Advance Payment for Costs
3(i) When payments are required to cover any part of the Arbitration Costs, including: the LCIA’s administrative charges; the fees or expenses of members of the LCIA Court, the Arbitral Tribunal’s fees or expenses, the fees or expenses of any expert appointed by the Arbitral Tribunal, the fees or expenses of any tribunal secretary; or charges for hearing rooms, communications technology and other support services; such payments may be made against the invoices for any of the above from funds received as the Advance Payment for Costs. If no or insufficient funds have been received at the time the payment is required, the invoices for any of the above may be submitted for payment direct by the parties.
3(ii) Any request by members of the LCIA Court or an arbitrator or expert appointed by the Arbitral Tribunal or tribunal secretary for payment of or on account of fees shall be supported by a fee note providing details of the time spent at the rates that have been advised to the parties by the LCIA. The fee note shall include, or be accompanied by, a breakdown of what time has been spent and when, as well as providing a general description of the nature of the tasks undertaken, to the satisfaction of the LCIA Court. The fee note will be forwarded to the parties.
3(iii) Any dispute regarding the LCIA’s administrative charges, or the fees and expenses of the Arbitral Tribunal, any expert appointed by the Arbitral Tribunal or any tribunal secretary, shall be determined by the LCIA Court.
4. Bank Charges
Any bank charges incurred on any transfer of funds by the parties to the LCIA shall be borne exclusively by the party or parties transferring the funds.
5. Emergency Arbitrator
The Special Fee for emergency proceedings under Article 9.5 of the LCIA Rules shall comprise the application fee and the Emergency Arbitrator’s fee as set out in this section.
5(ii) Application fee (payable with the application for the appointment of an Emergency Arbitrator under Article 9B of the LCIA Rules: non-refundable).
£10,000
5(iii) Emergency Arbitrator’s fee, to cover time charges and expenses (payable with the application for the appointment of an Emergency Arbitrator: non-refundable if the LCIA Court appoints an Emergency Arbitrator).
£25,000
5(iv) The Emergency Arbitrator’s fee may be increased by the LCIA Court on the recommendation of the Registrar at any time during the emergency proceedings if the particular circumstances of the case are deemed to warrant a higher fee.
5(v) In the event of a challenge by any party to the Emergency Arbitrator, the party that applied for the appointment of the Emergency Arbitrator shall pay forthwith to the LCIA such further sum as may be directed by the LCIA Court in respect of the fees and expenses of the individual or division appointed to decide the challenge.
5(vi) If the LCIA refuses an application for the appointment of an Emergency Arbitrator, the Emergency Arbitrator’s fee shall be treated as an Advance Payment for Costs lodged by the applicant party on account of the Arbitration Costs in accordance with Article 24 of the LCIA Rules.
5(vii) Charges for the emergency proceedings may be subject to Value Added Tax or similar taxes at the prevailing rate.
6. Tribunal Secretary
6(i) An hourly rate in the range of £100 to £250 per hour would generally be considered reasonable for a tribunal secretary.
6(ii) Where the parties have agreed an hourly rate to be charged by a tribunal secretary, the tribunal secretary’s fees will be calculated by reference to work done in connection with the arbitration and will be charged at the agreed rate.
6(iii) The tribunal secretary’s fees may include a charge for time spent travelling.
6(iv) The tribunal secretary’s fees may also include a charge for time reserved but not used as a result of late postponement or cancellation of hearings, provided that the basis for such charge shall be advised in writing to, and approved by, the LCIA Court and that the parties have been informed in advance.
6(v) Section 2(vi) above shall apply, with necessary changes, to any tribunal secretary.
6(vi) Where the parties have agreed that the tribunal secretary shall be entitled to have expenses reimbursed, the tribunal secretary may recover such expenses as are reasonably incurred in connection with the arbitration, and as are reasonable in amount, provided that claims for expenses should be supported by invoices or receipts.
6(vii) The tribunal secretary’s fees may be subject to Value Added Tax or similar taxes at the prevailing rate.
* Minimum unit of time in all cases: 6 minutes
Quelle: LCIA
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