Court arbitrations involve the following costs:
- The Court’s filing and administrative fees in accordance with Annex I of the Rules and, if applicable, the costs of hiring facilities and equipment for the arbitration. These fees that the Court receives for the provision of its services are in line with the principle of moderation and their amount will be determined depending in the quantum and complexity of disputes.
- Arbitrators’ fees and reasonable expenses, which the Court will set or approve in accordance with Annex II of the Rules.
- The fees of any expert witnesses appointed by the arbitrators; and
- Reasonable expenses incurred by the parties in order to defend themselves in the arbitration; these will include but not be limited to attorney’s fees, the fees of expert witnesses engaged by the parties and the travel expenses of attorneys, witnesses and expert witnesses.
Provision of funds
To cover the first two above-listed categories of costs, the Court will ask the parties to pay a provision of funds at the start of the arbitration.
During the arbitration procedure, ex oficio or at the request of the arbitrators, the Court can ask the parties for additional provisions of funds. This will happen, for example, if the defendant files a counterclaim.
Unless otherwise agreed by the parties, the claimant and the defendant will be required to pay these provisions in equal parts. If any party does not pay its part, any other party may supply the payment in order to continue with the proceedings and without prejudice to the applicable final distribution.
Guidelines for determining the amount
In accordance with the provisions of Article 10.1 of the Procedure Rules, the Court will fix the amount of the advance of funds for the costs of the arbitration, including any indirect taxes that may apply to them.
The exercise of this function of fixing the amount of the provision of funds presupposes the prior determination of the amount of the procedure. To make this determination, the Court will follow the guidelines set forth in the following note.
The following tool permits a simple and rapid of the Court’s filing and administrative fees and arbitrators’ fees depending on the quantum of the dispute. In the case of an unspecified quantum, the Court will take the figure of 300,000 euros as its preferred basis for its calculation, unless the Court decides to use a different figure in view of the circumstances of the case.
Nota: The Court’s filing fees amount to 800 euros if the quantum claimed is lower than 300,000 euros, and to 1,000 euros if the quantum is higher. This amount can be paid via bank transfer in the name of Cámara de Comercio de España–Corte Española de Arbitraje, to the bank account number ES47-0182-2370-40-0201569522.
Esta herramienta en línea calcula independientemente del nº de árbitros el costo total de arbitraje, incluyendo derechos de administración de la Corte, honorarios legales y provisión de fondos del demandante y demandado.
El nuevo sistema del Reglamento de la Corte sobre costas del arbitraje no supone ningún cambio económico para los árbitros, pero los usuarios se beneficiarán de en una disminución de costes.
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