Hong Kong—fees and expenses of the arbitral tribunal
Produced in partnership with Shaun Wu of Kobre & Kim (Hong Kong)
Hong Kong—fees and expenses of the arbitral tribunal

The following Arbitration guidance note Produced in partnership with Shaun Wu of Kobre & Kim (Hong Kong) provides comprehensive and up to date legal information covering:

  • Hong Kong—fees and expenses of the arbitral tribunal
  • Power to award fees and expenses of the tribunal
  • Assessing the fees and expenses of the tribunal
  • Liability to pay fees and expenses of the tribunal
  • If disputed, determining fees and expenses payable to the tribunal
  • Power of court to order recovery of arbitrator’s fees

Under Hong Kong law, the parties are jointly and severally liable to pay the fees and expenses of the tribunal, and if full payment is not made, the tribunal may refuse to deliver an award. In such a case, the parties may apply to the Hong Kong Court of First Instance for an order, including the determination of the amount of the fees and expenses payable.

Power to award fees and expenses of the tribunal

Costs of the arbitral proceedings that the tribunal may award include the fees and expenses of the tribunal itself. Section 74 of the Arbitration Ordinance, Chapter 609 (AO) provides that and award may include the costs of the arbitral proceedings.

The tribunal may, having regard to all relevant circumstances, direct in the award to whom and by whom and in what manner such costs are to be paid. In respect of a request for an order or direction, the tribunal may also, in its discretion, order a party to pay costs including the fees and expenses of the tribunal.

Assessing the fees and expenses of the tribunal

Administered arbitrations

If the arbitration is administered, generally the arbitral institution would fix the fees of the tribunal. Depending on the rules and procedures of that arbitral institution, the fees could be assessed by a variety of methods,