In case one of the parties fails to pay the advance on costs concerning their own claims, then the claims or counterclaims of the relevant party is subject to the sanction set forth under Article 36(6) of the Rules.This incentivizes the parties to make the advance payments.It should be emphasized that the fixing of separate advances on costs is at the Court’s discretion.

When the Court has fixed separate advances on costs pursuant to Article 37(3) of the Rules, the Secretariat shall invite each party to pay the amount of the advance corresponding to its respective claim(s). Each party shall pay its share of the total advance on costs in cash. If an arbitration terminates before the rendering of a final award, the Court shall fix the fees and expenses of the arbitrators and the ICC administrative expenses at its discretion, taking into account the stage attained by the arbitral proceedings and any other relevant circumstances. At any time during the arbitration, the Court may fix as payable a portion of the ICC administrative expenses corresponding to services that have already been performed by the Court and the Secretariat. Amounts paid to the arbitrator do not include any possible value added tax (VAT) or other taxes or charges and imposts applicable to the arbitrator's fees. In this case, each of the parties shall pay the advance on costs corresponding to its claims, instead of paying its share based upon the global advance on costs. Therefore, in case separate advances on costs have been determined, the arbitration will proceed with the claims of the party who paid the advances on costs.However, in case there is a global advance on costs, the claimant who is faced with the possibility of withdrawal of the claims pursuant to Article 36(6) is forced to pay the whole amount of the advance on costs.Where separate advances on costs are determined, the parties have to pay the amount of the advance, calculated based on the amount of their claims or counterclaims. Any ICC administrative expenses may be subject to value added tax (VAT) or charges of a similar nature at the prevailing rate. It should be noted that this provision is a new provision adopted with the 2012 modifications to the Rules. The Court shall calculate the arbitral tribunal’s fees and the ICC administrative expenses considering the global amount of the claimsThe separate advances on costs can be advantageous for the parties where one of the parties abstains from the payment, even though it has claims or counterclaims. The 2012 ICC Rules apply to any ICC arbitration commenced on or after 1 January 2012, unless the parties have agreed to submit to the rules in force at the date of their arbitration agreement. In setting the arbitrator's fees, the Court shall take into consideration the diligence and efficiency of the arbitrator, the time spent, the rapidity of the proceedings, the complexity of the dispute and the timeliness of the submission of the draft award, so as to arrive at a figure within the limits specified or, in exceptional circumstances (Article 38(2) of the Rules), at a figure higher or lower than those limits. Subject to Article 38(2) of the Rules, the Court shall fix the fees of the arbitrator in accordance with the scales hereinafter set out or, where the amount in dispute is not stated, at its discretion. When parties have agreed to the expedited procedure pursuant to Article 30(2), subparagraph b), the scales for the expedited procedure will apply. The provisional advance fixed by the Secretary General according to Article 37(1) of the Rules shall normally not exceed the amount obtained by adding together the ICC administrative expenses, the minimum of the fees (as set out in the scales hereinafter) based upon the amount of the claim and the expected reimbursable expenses of the arbitral tribunal incurred with respect to the drafting of the Terms of Reference. Parties have a duty to pay any such taxes or charges; however, the recovery of any such charges or taxes is a matter solely between the arbitrator and the parties.

Separate fee arrangements between the parties and the arbitrator are contrary to the Rules.