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Cost and Duration of Arbitration

28/01/2017 by Aceris Law LLC

Over the past year, several arbitration institutions have released summaries of data regarding the cost and duration of arbitration. Such institutions include the London Court of International Arbitration (“LCIA”) (data from 3 November 2015), the Arbitration Institute of the Stockholm Chamber of Commerce (“SCC”) (data from 24 February 2016) and the Singapore International Arbitration Centre (“SIAC”) (data from 10 October 2016).

Cost and Duration of Arbitration

The most recently released data is from the Hong Kong International Arbitration Centre (“HKIAC”), released on 15 December 2016, analysing costs and the duration of arbitration cases under its 2013 Rules.

Statistics were based on 41 cases filed since beginning of 2014 that lasted under a year and cost less than USD 32,000.

The data reveals that the mean total cost of an arbitration at the HKIAC was USD 65,721 (USD 52,643 for the Arbitral Tribunal’s fees and expenses and USD 13,077 for the Arbitration Center’s administrative fees).

As for the duration of arbitration, the data shows that an arbitration is half as long when conducted under the expedited procedure (around 6 months), although administrative fees were more expensive (USD 2,000 more in average). Without surprises, an emergency arbitrator proceeding will be the most expensive in terms of atypical arbitration proceedings. The emergency arbitrator’s fees would amount to USD 35,225, while the Arbitration Center’s administrative fees would amount to USD 5,798, for a short 14-day proceeding.

It is also interesting to note from the data that the SIAC and the HKIAC appear to have both the most cost and time-efficient systems, when compared to other institutions such as the LCIA and the SCC, although this may also be due to other factors such as the amount in dispute.

Below are tables showing the relevant data and comparisons.

 

Comparison of Duration

Arbitral InstitutionMedian duration for all tribunals (months)Median duration for sole arbitrator tribunal (months)Median duration for three-member tribunal (months)
SIAC11.711.311.7
HKIAC11.6Not availableNot available
LCIA161519
SCC13.510.315.8

Comparison of Administration Fees

Arbitral InstitutionMedian administration fees for all tribunalsMedian administration fees for sole arbitrator tribunalMedian administration fees for three-member tribunal
SIACUSD 5,853USD 5,836USD 6,723
HKIACUSD 9,281.49Not availableNot available
LCIANot availableNot availableNot available
SCCNot availableApproximately

USD 6,924.12

Approximately

USD 21,144.43

Comparison of Tribunal Fees

Arbitral InstitutionMedian tribunal fees for all tribunalsMedian tribunal fees for sole arbitrator tribunalMedian tribunal fees for three-member tribunal
SIACUSD 26,852USD 22,449USD 70,904
HKIACUSD 19,587.63Not availableNot available
LCIANot availableNot availableNot available
SCCNot availableApproximately USD 18,172.02Approximately USD 133,349.64

Filed Under: HKIAC Arbitration, International Arbitration, SCC Arbitration, SIAC Arbitration

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