Definition of costs | Arbitration Q&A by Hesham Elrafei

 Definition of costs 

Where and when the tribunal shall fix the costs of arbitration?

The tribunal will fix the arbitration costs in the final award and, if it finds it appropriate, in another decision. 

What the term “costs” of arbitration includes?

The term “costs” of arbitration includes only: 

(a) The tribunal fees to be stated separately as to each arbitrator and to be fixed by the tribunal in as per art. 41; 

(b) The arbitrator’s reasonable expenses ( eg travel); 

(c) The reasonable costs of expert advice and of other assistance required by the tribunal; 

(d) The witnesses’ reasonable expenses ( eg travel) as far as they are approved by the tribunal; 

(e) The parties reasonable costs ( eg legal ) 

(f) Fees and expenses of the appointing authority and the Secretary-General of the PCA. 

What about the fees In relation to awards interpretation, correction or completion, can the tribunal charge extra fees for that?

In relation to awards interpretation, correction or completion, the tribunal can only charge the following costs but no additional fees:

(b) The arbitrator’s reasonable expenses ( eg travel); 

(c) The reasonable costs of expert advice and of other assistance required by the tribunal; 

(d) The witnesses’ reasonable expenses ( eg travel) as far as they are approved by the tribunal; 

(e) The parties reasonable costs ( eg legal ) 

(f) Fees and expenses of the appointing authority and the Secretary-General of the PCA.