A Study on the Determination and the Allocation of the Costs of Arbitration in ICC Rules of Arbitration(1998)

ICC중재규칙(1998)에서 중재비용의 결정 및 할당에 관한 연구

The purpose of this paper is to analyze the composition of the arbitration costs in ICC Rule of Arbitration and to examine how each item of the costs is determined. Furthermore this author tired to find the principles or criteria deciding which of the party should bear them or in what proportion they shall be home by the parties in Article 31. Thus this author could find three common approaches. First, all of the costs are home by the losing party, or Second, all of the costs are allocated in proportion to the result of award in each case. Third, all of the costs determined by the Court as shared equally by the parties and both parties bear their own costs. But, both parties may include their intention in accordance with the principle of party autonomy. For example if the parties with to ensure that the arbitration costs be shared equally and that the arbitrator make no allocation of costs and fees, the following sentence could be added to the arbitration clause. "All costs and expenses of the arbitrators (and the arbitral institution) shall be home by the parties equally; each party shall bear the costs and expenses, including attorneys' fees, of its own counsel, experts, witnesses and preparation and presentation of its case."