Part I Commentary on the ICDR International Rules, 35 Article 35—Fees and Expenses of Arbitral Tribunal
Martin F Gusy, James M Hosking
Martin F. Gusy, James M. Hosking
- Arbitrators — Costs and expenses
This chapter looks at Article 35 of the ICDR Rules, which concerns compensation of the arbitral tribunal. Under the ICDR Rules, the case Administrator at the ICDR takes the lead in ensuring that fee rates are agreed between all tribunal members and the parties. Those fees are almost always based on the arbitrators’ previously advised hourly rates, although the Administrator may intervene to modify rates to avoid any significant disparity. Similarly, although not formally required under the rules, throughout the arbitration and in the final costs of arbitration, the Administrator reviews the reasonableness of the arbitrators’ fees and expenses. In contrast to the equivalent provision in the AAA Commercial Rules, section R-55, the ICDR Rules envisage a more hands-on role to be played by the institution.