Unlike the official ICC arbitration cost calculator, an authoritative tool to calculate administrative fees and estimated arbitrator fees for ICC arbitrations, this online tool calculates the same administrative and arbitrator fees on the basis of the ICC Scales of Administrative Expenses and Arbitrator’s Fees in force as of 1 March 2017, for expedited or regular ICC proceedings, while also automatically estimating all other ICC arbitration costs, including legal fees, expert fees and anticipated witness, management and other party costs, from the filing of a Request for Arbitration through the rendering of a Final Award.
This is useful, as the majority of ICC arbitration costs do not relate to administrative and arbitrator fees, but instead to party costs, including especially legal fees and expert fees. As indicated in ICC Publication 843, on average ICC administrative expenses account for only 2% of the cost per ICC arbitration and arbitrators’ fees and expenses account for approximately 16% of total party costs.
This ICC cost calculator is based on the ICC Scales of Administrative Expenses and Arbitrator’s Fees in force as of 1 March 2017 (still in force as of July 2018), available in Appendix III to the 2017 ICC Arbitration Rules. All assumptions are described below.
* The following underlying assumptions are used in the ICC arbitration cost calculator:
- ICC and Arbitral Tribunal costs are based on the ICC Scales of Administrative Expenses and Arbitrator’s Fees in force as of 1 March 2017. Results should be identical to the official ICC Cost Calculator
- Average legal fees range from USD 150 per hour (low) to USD 600 per hour (high). Leading arbitration law firms such as Aceris Law that charge competitive legal fees will lower this head of costs, which is typically the largest single cost element.
- The average ICC arbitration requires between 1,000 and 5,000 hours of work, depending on its complexity. In case of doubt, enter 2,000 hours for the average amount of legal work per arbitration.
- Calculations are informed by ICC Publication 843, finding that 82% of costs in ICC proceedings relate to legal fees, expert fees and witness costs.
- In low-complexity cases (fewer than 2,000 hours of legal work) and cases with small amounts in dispute (less than USD 2,000,000), it is assumed that no quantum or legal experts are required. This may not always be the case.
- Expert fees are estimated on the basis of the external legal fees to expert fee ratio shown in the CIArb Costs of International Arbitration Survey (2011).
- Anticipated witness, management and other external costs are based on the ratio between legal fees and such costs in the CIArb Costs of International Arbitration Survey (2011).
- VAT is excluded, and may or may not be applicable.
- Each party is assumed to split ICC administrative expenses and Tribunal costs equally. If a Respondent refuses to pay, its counterclaims will not be heard but the Claimant will need to bear the Respondent’s costs (which can then be claimed as costs at the end of the arbitration).
- A successful party may be reimbursed all or a significant portion of its legal costs by the losing party in the final arbitration award. This possibility is not factored into this model.