What Are The Recoverable Costs In ICC Arbitration?

Costs are among the most important considerations for parties in international arbitration proceedings.¹ Therefore, it is crucial for them to know in advance the categories of recoverable costs at the end of the arbitral process. These costs can generally be recovered from the losing party.

In this respect, Article 38 of the Arbitration Rules of the International Chamber of Commerce that entered into force on 1 January 2021 (the "ICC Rules"), provides some guidance to the parties. While some categories of costs are straightforward, others have been the subject of greater debate. Therefore, reference must also made to arbitral practice.

Article 38(1) of the ICC Rules provides that "[t]he costs of the arbitration shall include the fees and expenses of the arbitrators and the ICC administrative expenses fixed by the Court, in accordance with the scales in force at the time of the commencement of the arbitration, as well as the fees and expenses of any experts