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SCC ProcAdm

SCC ProcAdm  
SCC Procedures for UNCITRAL Administration (2023)

(1) The costs of arbitration consist of:
(i) the fees of the arbitral tribunal;
(ii) the administrative fee; and
(iii) the expenses of the arbitral tribunal and the SCC.
(2) Before making a final award, the arbitral tribunal shall request that the SCC finally determine the costs of the arbitration. The SCC shall finally determine the costs of arbitration in accordance with the schedule of costs (Appendix I) in force on the date of commencement of the arbitration under Article 3.2 of the Rules.
(3) In finally determining the costs of the arbitration, the SCC shall have regard to the extent to which the arbitral tribunal has acted in an efficient and expeditious manner, the complexity of the dispute and any other relevant circumstances.
(4) If the arbitration is terminated before the final award is made under Article 34 of the Rules, the SCC shall finally determine the costs of the arbitration having regard to when the arbitration is terminated, the work performed by the arbitral tribunal and other relevant circumstances.
(5) The arbitral tribunal shall include in the final award the costs of the arbitration as finally determined by the SCC and specify the individual fees and expenses of each member of the arbitral tribunal and the SCC.
(6) In relation to the interpretation, correction or completion of the award, or an additional award, under Articles 37-39 of the Rules, the arbitral tribunal may charge the costs referred to in paragraph 1 (iii), but no additional fees.
(7) The costs of the arbitration shall in principle be borne by the unsuccessful party or parties. However, the arbitral tribunal may apportion each of such costs between the parties if it decides that apportionment is reasonable, taking into account the circumstances of the case.
(8) The arbitral tribunal shall in the final award or, if it deems appropriate, in any other award, determine any amount that a party may have to pay to another party as a result of the decision on allocation of costs.
(9) The parties are jointly and severally liable to the arbitrator(s) and to the SCC for the costs of the arbitration.
Source: SCC
Imported: