CIETAC Arbitration Costs

The China International Economic and Trade Arbitration Commission (“CIETAC”), headquartered in Beijing, is one of the busiest arbitration institutions in the world. The CIETAC Hong Kong Arbitration Center, the CIETAC’s Hong Kong branch, also handles a significant number of cases each year.

For parties considering CIETAC arbitration, it is crucial to understand the anticipated costs, payment structure, and likelihood of cost recovery. Familiarity with these factors allows parties to plan their budgets effectively and reduce the risk of unexpected financial exposure.

In an international arbitration under the 2024 CIETAC Arbitration Rules (the “CIETAC Rules”) and its Appendix II (China International Economic and Trade Arbitration Commission Arbitration Fee Schedules), administered by either the CIETAC (Fee Schedule I) or the CIETAC Hong Kong Arbitration Center (Fee Schedule III), parties can generally expect to incur the following heads of costs: (1) institution fees; (2) legal fees; (3) expert fees (if necessary); (4) hearing costs; and (5) other costs. A table of CIETAC arbitration costs can be downloaded here.

Importantly, these amounts are often recoverable from the losing party.

This note will now examine in depth each of the costs associated with an international arbitration under the CIETAC Rules.

Heads of Costs in Arbitration Under the CIETAC Rules

1. Institution Fees

The institution fees that parties must pay depend on whether the arbitration is administered by the CIETAC, located in Beijing, China, or by the CIETAC Hong Kong Arbitration Center, the first branch of CIETAC established outside the Chinese mainland and located in Hong Kong.

For international arbitrations administered by the CIETAC, the institutional fees are determined according to Fee Schedule I and generally include (a) the registration fee; (b) the arbitration fee; and (c) other deposits charged as necessary by the CIETAC.

For arbitrations administered by the CIETAC Hong Kong Arbitration Center, the institutional fees are determined according to Fee Schedule III and typically include (a) the registration fee; (b) the administrative fee; and (c) the arbitrator’s fees and expenses.

NOTE: Domestic arbitrations under the CIETAC Rules are regulated by Fee Schedule II and are not the subject of this page.

The fees charged by the CIETAC and by the CIETAC Hong Kong Arbitration Center are broken down, in turn, in further detail below:

A. CIETAC Arbitration – Fee Schedule I

a. Registration Fee

One of the first costs to be paid in a CIETAC arbitration is the registration fee, which is RMB 10,000, payable when a case is accepted (Fee Schedule I, Article 1).

This registration fee includes the expenses for the CIETAC’s examination of the application for arbitration, initiation of the arbitral proceedings, and computerising management and filing documents (Fee Schedule I, Article 1).

b. Arbitration Fee

Upon submission of the Application for Arbitration, Article 12(1)(3) of the CIETAC Rules provides that the party applying for arbitration must pay “the arbitration fee in advance to CIETAC”. Likewise, when filing a counterclaim, the respondent must pay an arbitration fee in advance within a specified time period (Article 16(3)).

This fee includes the administrative fees of the CIETAC, as well as the fees of the arbitrators.[1]

This arbitration fee is determined according to the amount in dispute, as shown in the following table:

The arbitration fee can be calculated online using the CIETAC’s Fee Calculator.

The amount in dispute is based on the sum of money claimed by the claimant or, if the amount claimed is different from the actual amount in dispute, then the actual amount in dispute (Fee Schedule I, Article 2).

Where the amount in dispute is unknown at the time of the application for arbitration, the CIETAC will determine the amount of the arbitration fee (Schedule I, Article 3).

The arbitration fee may be charged in a different currency, but it must be equivalent to the corresponding amount in RMB, shown in the table above (Schedule I, Article 4).

c. Additional Costs

Apart from the arbitration fees above, the CIETAC may charge the parties for any other additional and reasonable actual costs of the arbitration, including but not limited to:

• The arbitrators’ special remuneration.
• The arbitrators’ travel and accommodation expenses incurred in dealing with the case.
• The engagement fees of stenographers, experts, appraisers, or interpreters appointed by the arbitral tribunal (Article 85(1)).

The special remuneration of an arbitrator, charged in special circumstances, may be based on an hourly rate, if agreed by the parties or proposed by the arbitrator with the consent of the parties after consulting the CIETAC Arbitration Court (Article 85(1)).

A party must advance a deposit for the special remuneration, travel, and accommodation expenses of its nominated arbitrator, within the time period specified by the CIETAC. If it fails to do so, the party will be deemed not to have nominated the arbitrator (Article 85(2)).

The parties must also advance within the time period specified by the CIETAC a deposit for the actual costs of travel and accommodation when they have agreed to hold an oral hearing at a place other than the CIETAC. If they fail to do so, the hearing will be held at the CIETAC (Article 85(3)).

B. CIETAC Hong Kong Arbitration Center Arbitration – Fee Schedule III

a. Registration Fee

Like in an international arbitration administered by the CIETAC,  a claimant in a CIETAC Hong Kong Arbitration Center arbitration must pay a non-refundable registration fee in order to submit its Request for Arbitration. The registration fee is HKD 8,000 and includes expenses for examining the application for arbitration, initiating the arbitral proceedings, computerising management, filing documents, and labour costs.

b. Administrative Fee

The parties must also pay an administrative fee, which includes the remuneration of the case manager and the costs of using oral hearing rooms of the CIETAC and/or its sub-commissions/arbitration centers (Fee Schedule 3, Section II, para. 2). It is calculated according to the amount in dispute, as shown in the table below:

The parties’ claims and counterclaims are aggregated for the determination of the amount in dispute. When the value of these is unknown, the CIETAC will determine the amount of the administrative fee (Fee Schedule III, Section II, para. 3).

Apart from charging the administrative fee, parties may also have to pay other additional and reasonable actual expenses, including but not limited to translation fees, written record fees, and the costs of using oral hearing rooms other than those of CIETAC and/or its sub-commissions/arbitration centers (Fee Schedule III, Section II, para. 4).

The administrative fee (and the registration fee) may be paid in currencies other than HKD, but must be equivalent to the corresponding amount in HKD listed above (Fee Schedule III, Section II, para. 5).

c. Arbitrator’s Fees and Expenses

In arbitrations administered by the CIETAC Hong Kong Arbitration Center, the arbitrator’s fees can be determined in two ways: according to the amount in dispute (by default) or, if agreed in writing by the parties, based on an hourly rate.

The amounts paid to the arbitrators will include all reasonable and actual expenses incurred from the arbitrators’ arbitration activities.

When the fees are to be determined according to the amount in dispute, they will be calculated according to the following table:

As with the administrative fee, the parties’ claims and counterclaims are aggregated for the determination of the amount in dispute. When the value of these is unknown, the CIETAC will determine the amount of the arbitrator’s fees (Fee Schedule III, Section III.A, para. 5).

When the parties have agreed that the arbitrator’s fees and expenses are to be determined based on an hourly rate, the hourly rate for each co-arbitrator will be agreed upon by that co-arbitrator and the nominating party. The hourly rate for a sole or presiding arbitrator will be the rate agreed between that arbitrator and both parties. Where an agreement cannot be reached, the hourly rate of the arbitrator will be determined by the CIETAC (Fees Schedule III, Section III.B, para. 3).

The agreed or determined hourly rate must not exceed the maximum rate fixed by the CIETAC, though the arbitrator’s fees may exceed the fixed maximum rate, provided that the parties agree in writing or under exceptional circumstances (Fee Schedule III, Section III.B, para. 4).

The parties, who are jointly and severally liable for the arbitrator’s fees and expenses, will be required to advance the payment of the arbitrator’s fees and expenses, but this may be done in instalments with the approval of the CIETAC Hong Kong Arbitration Center (Fee Schedule III, Section III.A, para. 4 and Section III.B, para. 5).

d. Additional Costs

In arbitrations administered by the CIETAC Hong Kong Arbitration Center, the parties may also have to pay the additional costs described above, including but not limited to:

• The arbitrators’ special remuneration.
• The arbitrators’ travel and accommodation expenses incurred in dealing with the case.
• The engagement fees of stenographers, experts, appraisers, or interpreters appointed by the arbitral tribunal (Article 85(1)).

2. Legal Fees

In addition to the above institutional costs, parties must also budget for the legal fees incurred for the work of counsel and their teams, which often represent the most significant portion of total costs, as a hard-fought arbitration case can take over 1,000 hours of work by a party’s legal team.

Aceris Law, valuing transparency and predictability in costs, has made available online its own Arbitration Legal Fee Calculator, based on the amount in dispute. Aceris Law offers reasonable, capped legal fees for legal representation in international arbitrations, ensuring that clients benefit from high-quality advocacy with clear and upfront cost expectations. Alternatively, clients may opt for legal fees on a competitive hourly basis.

Legal fees are typically paid on a schedule agreed between the party and its counsel. This often involves the payment of an initial retainer upon engagement of the lawyers, followed by monthly or periodic invoicing.

3. Expert Fees (if applicable)

Expert evidence is frequently (but not always) used in international arbitration. Experts are appointed by parties to give their independent opinion on issues beyond the arbitral tribunal’s expertise, such as quantum, delays, and foreign law, often in the form of expert reports and expert testimony at the final hearing, thereby assisting the arbitral tribunal in its decision-making process.

If such evidence is necessary, parties choose the expert they wish to appoint and pay for his/her fees and expenses. However, the fees of a party-appointed expert cannot be linked to the outcome of the case in order to preserve the impartiality and independence of the expert.

As with legal fees, expert fees are also typically paid on a schedule agreed between the party and its experts, often based on monthly or periodic invoicing.

4. Hearing Costs

Hearings are an integral part of most arbitrations, and parties must also plan for hearing-related expenses, though this represents only a small portion of the overall arbitration costs. The costs typically amount to between USD 1,000 and USD 15,000 per party, but this can vary significantly depending on the case.

For CIETAC Hong Kong arbitration, the administrative fee includes the remuneration of the case manager and the costs of using oral hearing rooms of CIETAC and/or its sub-commissions/arbitration centers (Schedule III, Article 2). Other actual expenses (e.g., interpreters, experts, travel, or use of non-CIETAC venues) are charged separately in accordance with the Rules.

The factors that play a role in determining the hearing costs include:

• Whether the hearing is hosted virtually or in person.
• If it is in person, what venue will be reserved and during what period of the year.
• The length of the hearing.
• The number of people attending (tribunal, party representatives, legal teams, experts, witnesses, etc.).
• The cost of a court reporter (which may include travel and lodging).
• The cost of lunch and coffee breaks for the participants.
• Whether translation services will be required.
• The travel and hotel costs for the party, its legal team, and the arbitral tribunal.
• Other costs, such as printing fees or fees for electronic data-hosting services.

Further, if an arbitration case is bifurcated, the parties may have to fund two hearings – one on the preliminary issues and, if the arbitration proceeds, one final hearing on the merits of the dispute.

Typically, hearing costs are split equally between the parties, but they can then be recovered in the award.

Hearing costs are generally paid at the time of the hearing or earlier, when the venue, hotels, etc., are being reserved.

5. Other Costs to Consider

Parties must also consider that other discrete costs may arise throughout the arbitration process.

For example, tribunals may request that submissions be made both electronically and in hard-copy format or via flash drive. In these cases, parties must also pay for printing and/or the necessary equipment, as well as courier services, in order to fulfil the tribunal’s request.

Parties should also anticipate additional costs related to translations if documentary evidence or submissions are in different languages, as CIETAC proceedings are typically conducted in the language agreed by the parties or determined by the tribunal. Translation fees can add to overall party costs, particularly in cases involving extensive documentary evidence.

Thus, parties must always be ready for minor, additional unforeseen costs that may arise throughout the arbitration process.

Cost Recovery in CIETAC Arbitration

If a party obtains an award in its favour, it may also recover the costs spent on the arbitration.

Article 52(3) of the CIETAC Rules acknowledges the arbitral tribunal’s ability to allocate the arbitration costs in the final award.

Regarding expert costs and legal fees, Article 55(2) specifies that the “arbitral tribunal has the power to decide in the arbitral award, having regard to the circumstances of the case, that the losing party shall compensate the winning party for the expenses reasonably incurred by it in pursuing the case.”

When deciding if the winning party’s expenses are reasonable, the arbitral tribunal will take into account factors like (1) the outcome and complexity of the case; (2) the workload of the winning party and/or its representatives; and (3) the amount in dispute (Article 55(2)).

Conclusion

Understanding the full spectrum of costs associated with CIETAC arbitration is essential for any party considering the forum. By anticipating the likely costs, parties can avoid unexpected expenses and ensure smoother proceedings. Ultimately, as costs are generally recoverable from the losing party, maintaining a well-documented and strategic approach to costs throughout the arbitration can have a direct impact on the outcome.

Parties should bear in mind that even after obtaining a CIETAC award, they may still need to budget for potential enforcement proceedings if the counterparty refuses to comply.

If you are considering starting a CIETAC arbitration or have had a CIETAC arbitration brought against your company and have further questions about the costs, contact Aceris Law for more information.

[1] Going global: CIETAC introduces new Arbitration Rules 2015, 25 November 2014, https://www.hsfkramer.com/notes/arbitration/2014-11/going-global-cietac-introduces-new-arbitration-rules-2015 (last accessed 6 November 2025).