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Value of Dispute - Article 35 - Chamber of Arbitration of Milan Rules: A Commentary

Author(s): 
Benedetta Coppo
Page Count: 
8 pages
Media Description: 
PDF from "Chamber of Arbitration of Milan Rules: A Commentary"
Published: 
April, 2012
Jurisdictions: 
Italy,
International
Practice Areas: 
Costs and Damages,
Arbitration Fees,
Expenses of Parties,
CAM,
Statement of Claim and Defense/ Counterclaims/ Set-Offs
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. 35 – VALUE OF DISPUTE

1. The costs of the arbitration depend upon the value of the dispute, which is the sum of the claims filed by all parties.

2. The Secretariat shall determine the value of the dispute on the basis of the request for arbitration and the statement of defence, as well as of any further indications given by the parties and the Arbitral Tribunal. The criteria for determining the value of the dispute are set in Annexe A to these Rules, which is an integral part of the Rules.

3. At any stage of the proceedings the Secretariat, where it deems it appropriate, may divide the value of the dispute in relation to the claims of each party and may direct each party to pay the costs related to its claims.

4. In case of division of the value of the dispute, the fees of the Chamber of Arbitration and of the Arbitral Tribunal may not exceed the maximum of the fees determined on the basis of the cumulated value of the dispute, as in paragraph 1.

1. Introductory remarks

Article 35 identifies how the CAM fixes the value of the dispute. This task is performed by the Secretariat on ad valorem principle (Para. 1), on the basis of the indications received by the parties and the arbitrators (Para. 2). Article 35 then rules on the case where a division of the value of the disputes takes place (Para. 3 and 4).

2. Applied criterion

The Arbitral Council’s decision on the costs (see infra Article 36) is based on the value of the dispute determined by the Secretariat in accordance with Article 35.1 The 2010 revision of the Rules brought only minor amendments to this provision, and its main framework was confrimed. The CAM administration of the costs relies on an ad valorem principle, whilst no hourly based standard applies. The sum of the claims filed by the parties reveals the value of the dispute, according to the Schedule of fees attached to the Rules. The ad valorem criterion makes the parties responsible for the economical consequences of their claims, and it offers a predictable estimation of the costs,2 discouraging the filing of groundless claims. The Rules provide for the claims filed by all the parties to be summed in order to identify the value of the case, despite of their nature,3 provided that they are filed as primary relief.4

Table of Contents: 

1. Introductory remarks 
2. Applied criterion 
3. Grounds for determination 
4. Division of the value