IX. DIVISION OF COSTS

Article 61(2) of the Convention provides that, except as the parties otherwise agree, the Arbitral Tribunal shall assess the expenses incurred by the parties in connection with an arbitration proceeding and shall decide how and by whom those expenses, as well as the fees and expenses of the members of the Tribunal and the charges of the Centre, shall be paid.15 If the parties wish to make an advance agreement on this point, they may do so by means of a clause along the following lines.

Clause 18

In any arbitration proceeding conducted pursuant to this agreement, the fees and expenses of the members of the Arbitral Tribunal as well as the charges for the use of the facilities of the Centre shall be [borne equally by the parties hereto]/[divided between the parties hereto as follows:...].




15 - Article 61(1) of the Convention provides that in the case of conciliation proceedings the fees and expenses of the members of the Conciliation Commission, as well as the charges for the use of the facilities of the Centre, shall be borne equally by the parties.



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