Costs & payment
- Filing Fee
Each request for Mediation must be accompanied by a filing fee of US3,000.
This amount is non-refundable and shall be credited towards the deposit of the party having filed the Request. No Request shall be processed unless accompanied by the filing fee.
- Deposit and Administrative Expenses
If one party is proposing mediation pursuant to Article 3, the Centre may request the party filing the Request for Mediation to pay a deposit to cover the administrative expenses of the Centre (Article 6(2)). The Centre may stay or terminate the proceedings under the Rules if any requested deposit is not paid.
Once the mediation proceedings have begun, all deposits shall be borne in equal shares by the parties unless agreed otherwise. All deposits that have initially been paid only by the party that filed the Request for Mediation will be taken into account. Credits for any such deposits will be made by the Centre when requesting parties to make subsequent deposits in respect of the fees and expenses of the mediator and further ICC administrative expenses. If the parties do not reach an agreement to refer their dispute to settlement proceedings under the Rules, any deposit made by the party that filed the Request for Mediation will remain the sole responsibility of that party.
ICC Administrative Expenses are based on the amount in dispute and shall normally not exceed the maximum amount foreseen in the scale of Article 2(1) in the Appendix of the ICC Mediation Rules as follows:
|US$ 5,000||for amounts in dispute up to and including US$ 200,000;|
|US$ 10,000||for amounts in dispute between US$200,001 and US$ 2,000,000;|
|US$ 15,000||for amounts in dispute between US$ 2,000,001 and US$ 10,000,000;|
|US$ 20,000||for amounts in dispute between US$ 10,000,001 and US$ 50,000,000;|
|US$ 25,000||for amounts in dispute between US$ 50,000,001 and US$ 100,000,000;|
|US$ 30,000||for amounts in dispute over US$ 100,000,000.|
Where the amount in dispute is not stated, the administrative expenses may be fixed by the Centre at its discretion. The Centre shall take into account all circumstances of the case, including indications regarding the value of the dispute. However, normally they shall not exceed US$20,000.
In exceptional circumstances, the Centre may fix the administrative expenses at a higher figure than that which would result from the application of the above scale. This is provided that the Centre shall inform the parties of such possibility beforehand and shall normally not exceed the maximum amount for administrative expenses foreseen in the scale.
Cross Accreditation ICC Mediation and ICC Arbitration
When the mediation is preceded by the submission of a Request for Arbitration between the same parties and concerns the same or parts of the same dispute, the filing fee paid for such arbitration shall be credited to the administrative expenses of the mediation. This is only if the total administrative expenses paid with respect to the arbitration exceed US$7,500.
When arbitration is preceded by the submission of a Request for Mediation between the same parties and concerning the same or parts of the same dispute, one half of the ICC administrative expenses paid for Mediation proceedings shall be credited to the ICC administrative expenses of the arbitration.
- Mediator’s Fees and Expenses
The Mediator’s fees and expenses are fixed by the ICC International Centre for ADR.
The fees of the Mediator shall be calculated on the basis of the time reasonably spent by the Mediator in the proceedings. The hourly rate is fixed by the Centre when appointing or confirming the Mediator and after having consulted the Mediator and the parties. The parties and the Mediator may agree to depart from the hourly rate for and single fixed-rate fee. The Centre will fix the single rate fee, and at its discretion, may increase or decrease the amount of the single fixed-rate fee based upon a reasonable request of a party or the Mediator.
- there is no pre-fixed hourly rate;
- the mediator suggests an hourly rate;
- the parties can comment; and
- the Centre will then fix the hourly rate at the outset. Accordingly, parties retain some control over the mediator’s costs. The mediator’s fees will generally be based on an hourly rate unless the parties and the mediator have agreed that the Centre fix the mediator’s fees on the basis of a single fixed-rate fee for the entirety of the
- VAT or other taxes
Parties have a duty to pay any such taxes or charges. However, the recovery of any such taxes or charges is a matter solely between the Mediator and the parties.
- Payment details
The payment must originate from the party to the case.
ICC is bound to operate in conformity with applicable sanctions regulations, such as those imposed by the United Nations, European Union and Office of Foreign Assets Control. If parties have reasonable doubt that a sanction’s regime is applicable to their request, they must inform ICC in advance. This means prior to submitting any such request and prior to paying the respective filing fee. In such case, please contact DRSCompliance@iccwbo.org.
The ICC International Court of Arbitration and the ICC International Centre for ADR compliance policies and procedures are put forward here.