Originally from:
Chamber of Arbitration of Milan Rules: A Commentary - Hardcover
Chamber of Arbitration of Milan Rules: A Commentary - Electronic
ART. 36 – COSTS OF THE PROCEEDINGS
1. The Arbitral Council shall determine the costs of the
arbitration before the award is filed.
2. The Arbitral Council shall inform the Arbitral Tribunal
and the parties of its determination of the costs which the
Arbitral Tribunal shall indicate in the award. The
determination of the Arbitral Council shall not affect the
decision of the Arbitral Tribunal as to the allocation of the
costs to the parties.
3. Where the arbitration ends before the Arbitral Tribunal is
constituted, the Secretariat shall determine the costs of the
proceedings.
4. The costs of the arbitration shall include:
a. fees of the Chamber of Arbitration;
b. fees of the Arbitral Tribunal;
c. fees of the Expert of the Arbitral Tribunal;
d. reimbursement of expenses of the Chamber of
Arbitration, of the arbitrators and of the Expert.
5. The fees of the Chamber of Arbitration for administering
the arbitration shall be determined on the basis of the value
of the dispute in accordance with the Schedule of Fees
annexed to these Rules. In case of an anticipated conclusion
to the arbitration, lower fees may be determined. The
included and excluded activities of the Chamber of
Arbitration are listed in Annexe B of to these Rules, which
is an integral part of the latter.
6. The fees of the Arbitral Tribunal shall be determined on
the basis of the value of the dispute in accordance with the
Schedule of Fees annexed to these Rules. When determining
the fees of the Arbitral Tribunal, the Arbitral Council shall
take into account the work done, the complexity of the
dispute, the duration of the arbitration and any other
circumstance. In case of an anticipated conclusion of the
proceedings, lower fees than the minimum provided for in
the Schedule may be determined. Lower or higher fees may
be determined in exceptional cases.
7. The fees of the Expert of the Arbitral Tribunal shall be
determined in equity, also taking into account the schedule
of professional fees of the Expert, national court schedules
of fees and any other circumstance.
8. The expenses of arbitrators and Expert of the Arbitral
Tribunal shall be supported by receipts. If such receipts are
not produced, the expenses shall be deemed to be included
in the fees
SUMMARY:
1. Introductory remarks
2. The role of the Arbitral Council
3. Premature determination of the costs
4. What does the costs cover?
5. The fees of the Chamber
6. The fees of the arbitrators
7. The fees of the Expert
8. Expenses
BENEDETTA COPPO is Head-officer in charge of the Arbitration
Department of the Milan Chamber of Arbitration. She has been
administering more than 150 arbitrations, both domestic and
international, in English, French and Italian. She coordinated and took
part in the 2010 revision of the Rules of the CAM on behalf of the
Secretariat. Benedetta pens articles and speaks at conferences and
training courses on institutional arbitration, in Italy and abroad. She has
been Italy country-reporter for “ITA Arbitration Report” since 2006, and
has led the four editions of the “Milan pre-Moot”, preparatory to the
“Willem C. Vis Arbitration Moot”.
