ICC Med ICC Mediation Rules (2014)
ICC Med
ICC Mediation Rules (2014)
Article 1: Filing Fee
Each Request pursuant to the Rules must be accompanied by a filing fee of US$ 3,000. The filing fee is non-refundable and shall be credited towards the deposit of the party or parties having filed the Request.
Article 2: Administrative Expenses
(1) The administrative expenses of the ICC for the proceedings shall be fixed at the Centre’s discretion depending on the tasks carried out by the Centre and shall normally not exceed the following:
| US$ 5,000 | amounts in dispute up to and including US$ 200,000 |
| US$ 10,000 | amounts in dispute between US$ 200,001 and US$ 2,000,000 |
| US$ 15,000 | amounts in dispute between US$ 2,000,001 and US$ 10,000,000 |
| US$ 20,000 | amounts in dispute between US$ 10,000,001 and US$ 50,000,000 |
| US$ 25,000 | amounts in dispute between US$ 50,000,001 and US$ 100,000,000 |
| US$ 30,000 | amounts in dispute over US$ 100,000,000 |
(2) Where the amount in dispute is not stated, the administrative expenses may be fixed by the Centre at its discretion, taking into account all the circumstances of the case, including indications regarding the value of the dispute, but they shall normally not exceed US$ 20,000.
(3) In exceptional circumstances, the Centre may fix the administrative expenses at a higher figure than that which would result from the application of the above scale, provided that the Centre shall inform the parties of such possibility beforehand and shall normally not exceed the maximum amount for administrative expenses foreseen in the scale.
(4) The Centre may require the payment of administrative expenses in addition to those provided in the scale described in Article 2(1) of this Appendix as a condition for holding the proceedings in abeyance at the request of the parties or of one of them with the acquiescence of the other. Such abeyance fee shall normally not exceed US$ 1,000 per party per year.
Article 3: Mediator’s Fees and Expenses
(1) Unless otherwise agreed by the parties and the Mediator, the fees of the Mediator shall be calculated on the basis of the time reasonably spent by the Mediator in the proceedings. These fees shall be based on an hourly rate fixed by the Centre when appointing or confirming the Mediator and after having consulted the Mediator and the parties. The hourly rate shall be reasonable in amount and shall be determined in light of the complexity of the dispute and any other relevant circumstances.
(2) If agreed by the parties and the Mediator, the Centre may fix the Mediator’s fees on the basis of a single fixed fee for the whole proceedings, rather than an hourly rate. The single fixed fee shall be reasonable in amount and shall be determined in light of the complexity of the dispute, the amount of work that the parties and the Mediator anticipate will be required of the Mediator, and any other relevant circumstances. The Centre, at its discretion, may increase or decrease the amount of the single fixed fee based upon a reasoned request of a party or the Mediator. Prior to increasing or decreasing the single fixed fee, the Centre shall invite observations from all parties and the Mediator.
(3) The amount of reasonable expenses of the Mediator shall be fixed by the Centre.
(4) The Mediator’s fees and expenses shall be fixed exclusively by the Centre as required by the Rules. Separate fee arrangements between the parties and the Mediator are not permitted by the Rules.
Article 4: Prior ICC Arbitration
When a mediation is preceded by the submission of a request for arbitration pursuant to the ICC Rules of Arbitration concerning the same parties and the same or parts of the same dispute, the filing fee paid for such arbitration proceedings shall be credited to the administrative expenses of the mediation, if the total administrative expenses paid with respect to the arbitration exceed US$ 7,500.
Article 5: Currency, VAT and Scope
(1) All amounts fixed by the Centre or pursuant to any Appendix to the Rules are payable in US$ except where prohibited by law, in which case the ICC may apply a different scale and fee arrangement in another currency.
(2) Amounts paid to the Mediator do not include any possible value added tax (VAT) or other taxes or charges and imposts applicable to the Mediator’s fees. Parties have a duty to pay any such taxes or charges; however, the recovery of any such taxes or charges is a matter solely between the Mediator and the parties.
(3) Any ICC administrative expenses may be subject to value added tax (VAT) or charges of a similar nature at the prevailing rate.
(4) The above provisions on the costs of proceedings shall be effective as of 1 January 2018 in respect of all proceedings commenced on or after such date under the present Rules or the ICC ADR Rules.
Article 6: Additional Services
Any request received for an authority of the ICC to appoint a Mediator will be treated in accordance with the ICC Rules for the Appointment of Experts and Neutrals and shall be accompanied by a non-refundable filing fee of US$ 3,000 per Mediator. No request shall be processed unless accompanied by the said filing fee. For additional services, the ICC may at its discretion fix ICC administrative expenses, which shall be commensurate with the services provided and shall normally not exceed the maximum amount of US$ 10,000.
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