DIFC-LCIA arbitration (2021)—costs and fees

The following Arbitration practice note provides comprehensive and up to date legal information covering:

  • DIFC-LCIA arbitration (2021)—costs and fees
  • Tribunal fees and expenses and the DIFC-LCIA’s administrative charges
  • Advance payment for costs
  • Determination of the Arbitration Costs and the Legal Costs

DIFC-LCIA arbitration (2021)—costs and fees

CORONAVIRUS (COVID-19): Many arbitral organisations have responded to the coronavirus pandemic with practical guidance and/or changes to their usual procedures and ways of working. For information on how this content and relevant arbitration proceedings may be impacted, see Practice Note: Arbitral organisations and coronavirus (COVID-19)—practical impact. For additional information, see: Coronavirus (COVID-19) and arbitration—overview.

This Practice Note considers the costs and fees under the DIFC-LCIA Arbitration Rules 2021 (the 2021 DIFC-LCIA Rules; the Rules), which apply to arbitration proceedings commencing on or after 1 January 2021. For guidance on arbitrating under the 2016 edition of the DIFC-LCIA Arbitration Rules, see: DIFC-LCIA arbitration—overview.

Tribunal fees and expenses and the DIFC-LCIA’s administrative charges

The arbitrators appointed in DIFC-LCIA arbitrations and the institution itself are paid for the work that they do on a time spent basis. This differs from some institutions which charge for their work and that of the tribunal on an ‘ad valorem’ or lump sum basis, and others which have options for both methods of charging.

The costs of the arbitration (other than the legal or other expenses incurred by the parties themselves) (the Arbitration Costs) will be determined by the LCIA Court in accordance with the Schedule of Arbitration Costs (DIFC-LCIA, art 28.1). The parties are jointly and severally liable to the DIFC-LCIA Arbitration Centre and the tribunal for the Arbitration Costs

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