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Costs of the Proceedings - Article 36 - Chamber of Arbitration of Milan Rules: A Commentary

Author(s): 
Benedetta Coppo
Page Count: 
20 pages
Media Description: 
PDF from "Chamber of Arbitration of Milan Rules: A Commentary"
Published: 
April, 2012
Jurisdictions: 
Italy,
International
Practice Areas: 
Compensation of Arbitrators,
Interest and Costs,
Costs and Damages,
Apportioning of Costs,
Arbitration Fees,
Deposit of Costs,
CAM
Author Detail: 

BENEDETTA COPPO is Head-officer in charge of the Arbitration Department of the Milan Chamber of Arbitration. She has been administering more than 150 arbitrations, both domestic and international, in English, French and Italian. She coordinated and took part in the 2010 revision of the Rules of the CAM on behalf of the Secretariat. Benedetta pens articles and speaks at conferences and training courses on institutional arbitration, in Italy and abroad. She has been Italy country-reporter for “ITA Arbitration Report” since 2006, and has led the four editions of the “Milan pre-Moot”, preparatory to the “Willem C. Vis Arbitration Moot”.

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Originally from Chamber of Arbitration of Milan Rules: A Commentary

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ART. 36 – COSTS OF THE PROCEEDINGS

1. The Arbitral Council shall determine the costs of the arbitration before the award is filed.

2. The Arbitral Council shall inform the Arbitral Tribunal and the parties of its determination of the costs which the Arbitral Tribunal shall indicate in the award. The determination of the Arbitral Council shall not affect the decision of the Arbitral Tribunal as to the allocation of the costs to the parties.

3. Where the arbitration ends before the Arbitral Tribunal is constituted, the Secretariat shall determine the costs of the proceedings.

4. The costs of the arbitration shall include:
a. fees of the Chamber of Arbitration;
b. fees of the Arbitral Tribunal;
c. fees of the Expert of the Arbitral Tribunal;
d. reimbursement of expenses of the Chamber of Arbitration, of the arbitrators and of the Expert.

5. The fees of the Chamber of Arbitration for administering the arbitration shall be determined on the basis of the valueof the dispute in accordance with the Schedule of Fees annexed to these Rules. In case of an anticipated conclusion to the arbitration, lower fees may be determined. The included and excluded activities of the Chamber of Arbitration are listed in Annexe B of to these Rules, which is an integral part of the latter.

6. The fees of the Arbitral Tribunal shall be determined on the basis of the value of the dispute in accordance with the Schedule of Fees annexed to these Rules. When determining the fees of the Arbitral Tribunal, the Arbitral Council shall take into account the work done, the complexity of the dispute, the duration of the arbitration and any other circumstance. In case of an anticipated conclusion of the proceedings, lower fees than the minimum provided for in the Schedule may be determined. Lower or higher fees may be determined in exceptional cases.

7. The fees of the Expert of the Arbitral Tribunal shall be determined in equity, also taking into account the schedule of professional fees of the Expert, national court schedules of fees and any other circumstance.

8. The expenses of arbitrators and Expert of the Arbitral Tribunal shall be supported by receipts. If such receipts are not produced, the expenses shall be deemed to be included in the fees.

Table of Contents: 

1. Introductory remarks 
2. The role of the Arbitral Council 
3. Premature determination of the costs 
4. What does the costs cover? 
5. The fees of the Chamber 
6. The fees of the arbitrators
7. The fees of the Expert 
8. Expenses