Total-EPC-Book=180920

3-391
12. อนุญาโตตุลาการ
(For rough calculation, that Appendix has a "combined" chart showing
both "A" and "B", but it is not to the same level of precision as the
separate "A" and "B" charts. Several points should be noted in using
these charts:
* "Arbitrator's Fees" are for one arbitrator, so if the Tribunal has 3
arbitrators, the fees must be multiplied by 3;
* There is a range of fees shown for "Arbitrator's Fees" -- a "Minimum"
and a "Maximum".
Under Article 37(2) of the Rules, the ICC Court has the power to
prescribe higher or lower fees, but this typically occurs only in
unusual circumstances, and generally the fees are set within the
range shown. Article 2(2) of Appenix III indicates the factors used by
the ICC Court in choosing the precise fee from within the range:
"diligence and efficiency of the arbitrator, the time spent, the rapidity
of the proceedings, and the complexity of the dispute and the
timiness of the submission of the draft award" . Obviously, these
factors cannot be known at the outset of the arbitration;
nevertheless, the charts are a useful device for assessing the limits of
risk, and are an attractive alternative to arbitration systems which do
not provide any clear way of assessing the likely cost of arbitrator's
fees.
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