Article 38—Fees and Expenses of Arbitral Tribunal

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2026
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Abstract
Abstract This chapter looks at Article 38 of the ICDR Rules, which concerns compensation of the arbitral tribunal. Under the ICDR Rules, the case Administrator at the ICDR takes the lead in ensuring that fee rates are agreed between all tribunal members and the parties. Those fees are almost always based on the arbitrators’ previously advised hourly rates, although the Administrator may intervene to modify rates to avoid any significant disparity. Similarly, although not formally required under the rules, throughout the arbitration and in the final costs of arbitration, the Administrator reviews the reasonableness of the arbitrators’ fees and expenses. In contrast to the equivalent provision in the AAA Commercial Rules, R-55, the ICDR Rules envisage a more hands-on role to be played by the institution.
Reference Key
openalex_W7165157746 Use this key to autocite in the manuscript while using SciMatic Manuscript Manager or Thesis Manager
Authors Martin F Gusy, James M Hosking, G.I. Walters
Journal Oxford University Press eBooks
Year 2026
DOI
10.1093/law/9780197848012.003.0039
URL
https://doi.org/10.1093/law/9780197848012.003.0039
Keywords Keywords not found

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