(1) Each member of a Commission or Tribunal shall receive:
(a) a fee for each hour of work performed in connection with the proceeding;
(b) reimbursement of expenses reasonably incurred for the sole purpose of the proceeding when not travelling to attend a hearing, meeting or session; and
(c) when required to travel to attend a hearing, meeting or session held away from the member’s place of residence:
(i) reimbursement of the cost of ground transportation between the points of departure and arrival;
(ii) reimbursement of the cost of air and ground transportation to and from the city in which the hearing, meeting or session is held; and
(iii) a per diem allowance for each day spent away from the member’s place of residence.
(2) The Secretary-General shall determine and publish the amount of the fee and the per diem allowance referred to in paragraph (1)(a) and (c). Any request by a member for a higher amount shall be made in writing through the Secretary-General, and not directly to the parties. Such a request must be made before the constitution of the Commission or Tribunal and shall justify the increase requested.
(3) The Secretary-General shall determine and publish an annual administrative charge payable by the parties to the Centre.
(4) All payments, including reimbursement of expenses, shall be made by the Centre to:
(a) members of Commissions and Tribunals, and any assistants approved by the parties;
(b) witnesses and experts called by a Commission or Tribunal who have not been presented by a party;
(c) service providers that the Centre engages for a proceeding; and
(d) the host of any hearing, meeting or session held outside an ICSID facility.
(5) The Centre shall not be required to provide any service in connection with a proceeding or to pay the fees, allowances or reimbursements of the members of any Commission or Tribunal, unless the parties have made sufficient payments to defray the costs of the proceeding.
(1) To enable the Centre to pay the costs referred to in Regulation 6, the parties shall make payments to the Centre as follows:
(a) upon registration of a Request for arbitration or conciliation, the Secretary-General shall request the claimant to make a payment to defray the estimated costs of the proceeding through the first session of the Commission or Tribunal, which shall be considered partial payment by the claimant of the payment referred to in paragraph (1)(b);
(b) upon constitution of a Commission or Tribunal, the Secretary-General shall request the parties to make a payment to defray the estimated costs of the subsequent phase of the proceeding; and
(c) the Secretary-General may request that the parties make supplementary payments at any time if required to defray the estimated costs of the proceeding.
(2) In conciliation proceedings, each party shall pay one half of the payments referred to in paragraph (1)(b) and (c), unless the parties agree on a different division. In arbitration proceedings, each party shall pay one half of the payments referred to in paragraph (1)(b) and (c), unless a different division is agreed to by the parties or ordered by the Tribunal. Payment of these sums is without prejudice to the Tribunal’s final decision on costs pursuant to Rule 70(1)(j) of the ICSID Additional Facility Arbitration Rules.
(3) The Centre shall provide a statement of the case account to the parties with each request for payment and at any other time upon request of a party.
(4) This Regulation shall apply to requests for a supplementary decision on or rectification of an Award, and to applications for interpretation of an Award.
(1) The payments referred to in Regulation 7 shall be payable on the date of the request from the Secretary-General.
(2) The following procedure shall apply in the event of non-payment:
(a) if the amounts requested are not paid in full within 30 days after the date of the request, the Secretary-General may notify both parties of the default and give them an opportunity to make the required payment;
(b) if any part of the required payment remains outstanding 15 days after the date of the notice in paragraph (2)(a), the Secretary-General may suspend the proceeding until payment is made, after giving notice to the parties and to the Commission or Tribunal if constituted; and
(c) if any proceeding is suspended for non-payment for more than 90 consecutive days, the Secretary-General may discontinue the proceeding, after giving notice to the parties and to the Commission or Tribunal if constituted.
(1) The Centre may perform any special services related to disputes if the requestor deposits in advance an amount sufficient to defray the charge for such services.
(2) Charges for special services shall normally be based on a schedule of fees published by the Secretary-General.
The party or parties (if a request is filed jointly) wishing to institute an arbitration or conciliation proceeding, or requesting a supplementary decision, rectification or interpretation of an Award, shall pay the Centre a non-refundable lodging fee determined by the Secretary-General and published in the schedule of fees.
The Secretariat of the Centre is the only body authorized to administer proceedings conducted pursuant to the ICSID Additional Facility Rules.