Swiss Rules—costs and security for costs
Produced in partnership with Lalive (Geneva)
Swiss Rules—costs and security for costs

The following Arbitration practice note produced in partnership with Lalive (Geneva) provides comprehensive and up to date legal information covering:

  • Swiss Rules—costs and security for costs
  • Categories and determination of arbitration costs
  • Registration fee and administrative costs
  • The fees and expenses of the tribunal
  • The parties’ legal and other costs
  • Deposit of costs
  • Apportionment of costs between the parties
  • Security for costs

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.

The Swiss Rules of International Arbitration (the Swiss Rules), which entered into force on 1 June 2012, apply to all arbitrations commenced on or after 1 June 2012 on the basis of an arbitration agreement referring either to the Swiss Rules or to the former rules of the Swiss Chambers’ Arbitration Institution (SCAI).

A common feature of institutional rules of arbitration, including the Swiss Rules, is the role played by the institution in the determination and administration of the costs of arbitration. Under the Swiss Rules, however, arbitral tribunals have greater authority on issues relating to costs than under some other widely used institutional rules, such as those of the International Chamber of Commerce (ICC) and London Court of International Arbitration (LCIA).

Reference to SCAI’s Guidelines for Arbitrators may be particularly useful on the subject of costs.

Categories and determination of arbitration costs

Under the Swiss Rules, the arbitral tribunal’s award (or termination order—see art 40.2) must contain a determination of the costs of arbitration (art 38). A tribunal may also award costs in

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