Chapter III: Financial Provisions

Regulation 6: Fees, Allowances and Charges

(1) Each mediator shall receive:

(a) a fee for each hour of work performed in connection with the mediation;

(b) reimbursement of expenses reasonably incurred for the sole purpose of the mediation when not travelling to attend a meeting or session; and

(c) when required to travel to attend a meeting or session held away from the place of residence of the mediator:

(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 meeting or session is held; and

(iii) a per diem allowance for each day spent away from the mediator’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 mediator 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 transmittal of the Request for mediation to the mediator pursuant to ICSID Mediation Rule 15 and shall justify the increase requested.

(3) The Secretary-General shall determine and publish administrative charges payable by the parties to the Centre.

(4) All payments, including reimbursement of expenses, shall be made by the Centre to:

(a) mediators and any assistants approved by the parties;

(b) any experts appointed by a mediator pursuant to ICSID Mediation Rule 21(3);

(c) service providers that the Centre engages for a mediation; and

(d) the host of any meeting or session held outside an ICSID facility.

(5) The Centre shall not be required to provide any service in connection with a mediation or to pay the fees, allowances or reimbursements of the mediator, unless the parties have made sufficient payments to defray the costs of the mediation.

Regulation 7: Payments to the Centre

(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 mediation, the Secretary-General shall request the party instituting the mediation to make a payment to defray the estimated costs of the mediation through the first session of the mediation, which shall be considered partial payment by the instituting party of the payment referred to in paragraph (1)(b);

(b) upon the transmittal of the Request for mediation to the mediator pursuant to ICSID Mediation Rule 15, the Secretary-General shall request the parties to make a payment to defray the estimated costs of the subsequent phase of the mediation; 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 mediation.

(2) Each party shall pay an equal share of the payments referred to in paragraph (1)(b) and (c), unless the parties agree on a different division.

(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.

Regulation 8: Consequences of Default in Payment

(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 mediation until payment is made, after giving notice to the parties and to the mediator if appointed; and

(c) if any mediation is suspended for non-payment for more than 90 consecutive days, the Secretary-General may discontinue the mediation, after giving notice to the parties and to the mediator if appointed.

Regulation 9: Special Services

(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.

Regulation 10: Fee for Lodging Requests

The party or parties (if a Request is filed jointly) wishing to institute a mediation shall pay the Centre a non-refundable lodging fee determined by the Secretary-General and published in the schedule of fees.

Regulation 11: Administration of Mediations

The Secretariat of the Centre is the only body authorized to administer mediations conducted pursuant to the ICSID Mediation Rules.