Schedule of Costs ADR effective 1 January 2014
For adjudication, expert determination and other ad hoc ADR proceedings in which the LCIA is the administering institution, pursuant to rules of adjudication, expert determination, or other ad hoc ADR rules or procedures agreed by the parties.
This schedule of costs (the Schedule), as amended from time to time by the LCIA, will apply in all the above proceedings, current and future, as from its effective date.
1. Administrative charges
1(a) Registration Fee (payable in advance with the notice of the relevant proceedings:
1(b) Time spent* by the Secretariat of the LCIA in the administration of the proceedings.
Registrar / Deputy Registrar £250 per hour
Counsel £225 per hour
Case administration £175 per hour
Casework accounting functions £150 per hour
1(c) Time spent by members of the LCIA Court in carrying out their functions in deciding any challenge brought under the applicable rules or procedures.
at hourly rates advised by members of the LCIA Court
1(d) Expenses incurred by the Secretariat and by members of the LCIA Court, in connection with the proceedings (such as postage, telephone, facsimile, travel etc.), and additional support services, whether provided by the Secretariat or by the members of the LCIA Court from their own resources or otherwise.
1(e) The LCIA’s fees and expenses will be invoiced in sterling, but may be paid in other convertible currencies, at rates prevailing at the time of payment, provided that any transfer nd/or currency exchange charges shall be borne by the payer.
1(f) Charges may be subject to Value Added Tax at the prevailing rate.
2. Fees and expenses of the neutral
2(a) The fees and expenses of the Adjudicator, Expert or other neutral will be calculated and charged to the parties in accordance with the relevant provisions of the applicable rules or procedures.
2(b) If the fees of the Adjudicator, Expert, or other neutral are to in the course of the proceedings, they shall be at hourly rates be based on time spent not exceeding £450.
2(c) However, in exceptional cases, the rate may be higher, provided that, in such cases, (a) the fees of the Adjudicator, Expert or other neutral shall be fixed by the LCIA Court on the recommendation of the Registrar, following consultations with the neutral, and (b) the fees shall be agreed expressly by all parties.
2(d) Subject to paragraph 2(a) above, the Adjudicator, Expert or other neutral may:
(i) charge for time spent travelling;
(ii) charge for time reserved but not used as a result of late postponement or cancellation of hearings, provided that the basis for such charge shall be advised in writing to, and approved by, the LCIA Court; and
(iii) recover such expenses as are reasonably incurred in connection with the proceedings, and as are reasonable in amount, provided that claims for expenses should be supported by invoices or receipts.
2(e) The fees of the Adjudicator, Expert or other neutral shall be invoiced in the currency of account between the neutral and the parties.
2(f) Charges may be subject to Value Added Tax at the prevailing rate.
3. Administration of parties’ funds
3(a) The Adjudicator, Expert or other neutral may direct the parties, in such proportions as he thinks appropriate, to make one or several interim or final payments on account of the costs of the proceedings.
3(b) The neutral shall not proceed with the proceedings without ascertaining at all times from the LCIA Registrar or any deputy Registrar that the LCIA is in requisite funds.
3(c) Funds lodged by the parties on account of the fees and expenses of the Adjudicator, Expert or other neutral, and of the LCIA; or on account of the cost of hearing rooms and other support services, are held to the Order of the neutral.
3(d) In the event that funds lodged by the parties exceed the costs of the proceedings at the conclusion of the proceedings, as determined by the Adjudicator, Expert or other neutral, surplus monies will be returned to the parties accordingly.
3(e) Funds lodged by the parties for these purposes will not return any interest for the parties or for the Adjudicator, Expert or other neutral.
3(f) When interim payments are required to cover the LCIA’s administrative charges; or the fees or expenses of members of the LCIA Court; or the fees or expenses of the Adjudicator, Expert or other neutral; or charges for hearing rooms and other support services, such payments may be made against the invoices for any of the above from funds held on deposit. If no or insufficient funds are held at the time the interim payment is required, the invoices for any of the above may be submitted for payment direct by the parties.
3(g) Any request by the Adjudicator, Expert or other neutral for payment by the LCIA on account of his fees shall be supported by a fee note, or fee notes, which shall include,
or be accompanied by, a detailed breakdown of the time spent at the rates that have been agreed with the parties, and the fee note will be forwarded to the parties prior to settlement of the account.
3(h) Any bank charges incurred on any transfer of funds by the parties to the LCIA shall be borne exclusively by the party or parties transferring the funds.
3(i) The parties shall be jointly and severally liable for the charges and expenses of the Adjudicator, Expert or other neutral, and the LCIA, until such charges and expenses have been paid in full.
4. Limitation of liability
None of the LCIA (including its officers, members and employees), the LCIA Court (including its President, Vice-Presidents and members), and the LCIA Registrar shall be liable to any party howsoever for any act or omission in connection with the proceedings to which the Schedule relates, save (i) where the act or omission is shown by that party to constitute conscious and deliberate wrongdoing committed by the body or person alleged to be liable to that party and (ii) the extent to which any part of this provision is prohibited by any applicable law.
* Minimum unit of time in all cases: 15 minutes.