Swiss Arbitration Centre Arbitration Costs

The Swiss Arbitration Centre (formerly “SCAI”) is the leading dispute resolution institution in Switzerland, offering arbitration services for more than 150 years. Understanding the kinds of costs that may arise in an arbitration administered by the Swiss Arbitration Centre under the 2021 Swiss Rules of International Arbitration (“Swiss Rules”) and their appendices, particularly Appendix B: Schedule of Costs, helps parties budget effectively, manage financial risk, and plan their strategy realistically.

Parties to an arbitration at the Swiss Arbitration Centre can generally expect to incur the following heads of costs: (1) Swiss Arbitration Centre’s fees; (2) legal fees; (3) expert fees (if necessary); (4) hearing costs; and (5) other costs. In most cases, legal fees make up the largest part of the overall arbitration costs. A table summarising each of these costs and the timing of their payment is available for download here.

It is important to remember, however, that the winning party’s costs are generally recoverable from the losing party.

This note will now examine the various costs associated with an arbitration before the Swiss Arbitration Centre, particularly those governed by the Swiss Rules and their appendices, with a focus on Appendix B: Schedule of Costs.

Heads of Cost in Arbitrations under the Swiss Rules

1. Swiss Arbitration Centre’s Fees

The fees charged by the Swiss Arbitration Centre include (a) the Registration Fee; (b) the administrative costs; and (c) the fees and expenses of the arbitral tribunal.

Each of these fees is explained below:

A. Registration Fee

The first cost to be incurred in an arbitration administered by the Swiss Arbitration Centre is a non-refundable Registration Fee, which is payable by the party submitting a Notice of Arbitration or a counterclaim, calculated on the basis of the aggregate amount of all of its claims according to the table below (Appendix B, Article 1.1):

If the amount of the claims of a party is not quantified, the Registration Fee will be CHF 6,000 (Appendix B, Article 1.2).

A party must pay the Registration Fee in full before the arbitration can proceed as to its corresponding claims (Appendix B, Article 1.3).

B. Administrative Costs

In addition to the Registration Fee, parties must also pay administrative costs, which are contributions to the general overhead of the Swiss Arbitration Centre and are intended to cover all administrative services rendered by the institution.

These costs may be calculated using the Swiss Arbitration Centre’s cost calculator.

The administrative costs are calculated according to the amount in dispute, in accordance with the table below:

The amount in dispute is determined by adding the claims of all parties (excluding claims for interest unless they exceed the principal claims), as well as set-off defences, unless the tribunal, after consulting with the parties, concludes that the set-off defence will not require significant additional work (Appendix B, Article 2.1).

Any reduction to the amount of a claim will not be taken into account if the reduction was made after the file was transferred to the arbitral tribunal (Appendix B, Article 2.1).

If the claims are stated in currencies other than Swiss francs, they will be converted into Swiss francs at the rate of exchange that applied at the time the Notice of Arbitration was received by the Swiss Arbitration Centre or at the time when any new claim, set-off defence, or amendment to a claim or defence was filed (Appendix B, Article 2.3).

C. Arbitrator’s Fees and Expenses

In order to have arbitrators decide their case, the parties must compensate them for their work. The fees of the arbitrator(s) are computed according to a scale based on the amount in dispute, as shown below.

These costs may also be calculated using the Swiss Arbitration Centre’s cost calculator.

For a sole arbitrator:

For a three-member tribunal:

The fees of an arbitral tribunal consisting of more than one arbitrator represent those of a sole arbitrator plus 75% for each additional arbitrator, i.e., 250% the cost of a sole arbitrator’s fees.

The fees of the tribunal cover the activities of the arbitral tribunal and any tribunal secretary from the moment the file is transmitted until the final award or decision terminating the proceedings (Appendix B, Article 2.5). They must be reasonable when taking into account the amount in dispute, the complexity of the subject matter of the arbitration, the time spent, and any other relevant circumstances of the case, including the diligence and efficiency of the tribunal (Article 39(1)).

In addition to their fees, the parties are responsible for covering the reasonable disbursements of the arbitral tribunal for the arbitration, such as expenses for travel, accommodation, meals, and any other costs related to the conduct of the proceedings (Appendix B, Article 3.1).

The parties may also have to pay a supplementary deposit if the tribunal requires expert advice or other assistance (Appendix B, Article 3.2).

2. Legal Fees

In addition to the institutional costs mentioned above, parties should also account for the legal fees associated with their counsel and supporting team. These typically constitute the largest share of overall expenses, as a well-fought arbitration can require more than 1,000 hours of work by a party’s legal team.

Committed to transparency and predictability in costs, Aceris Law provides an online Arbitration Legal Fee Calculator based on the amount in dispute. The firm offers reasonable, capped legal fees for representation in international arbitrations, allowing clients to benefit from high-quality advocacy with clear and upfront cost expectations. Alternatively, clients can opt for legal fees on a competitive hourly basis.

3. Expert Fees

Expert evidence is often used in international arbitration. Parties may appoint experts to provide independent opinions on technical or specialised issues that fall outside the arbitral tribunal’s expertise, such as the calculation of damages, project delays, or questions of foreign law. Experts usually present their findings in written reports and testify at the final hearing to help the tribunal make a well-informed decision.

When expert evidence is needed, each party selects and pays for its own expert. However, to ensure that experts remain impartial and independent, their fees cannot be tied to the outcome of the case.

4. Hearing Costs

Hearings are a key part of most arbitrations, and parties should also budget for hearing-related expenses. Although these costs usually make up only a small share of the overall arbitration expenses, they can still vary depending on several factors.

The main elements influencing hearing costs include:

• Whether the hearing is held virtually or in person.
• If in person, the choice of venue and the timing of the hearing.
• The length of the hearing.
• The number of participants (tribunal members, party representatives, legal teams, experts, witnesses, and others).
• The cost of a court reporter.
• Catering expenses such as lunches and coffee breaks.
• Translation or interpretation services, if needed.
• Travel and hotel costs for the parties, their legal teams, and the arbitral tribunal.
• Other logistical expenses, such as printing or electronic data-hosting fees.

If an arbitration is bifurcated, meaning it is divided into two phases, the parties may need to fund two hearings, one for preliminary issues and another for the final merits if the case proceeds.

In most cases, hearing costs are shared equally between the parties, though the prevailing party may recover these expenses in the final award.

5. Other Costs to Consider

Parties should also be aware that smaller, incidental costs can arise at various stages of the arbitration process.

For instance, most arbitrations include a document production phase, during which one party may request the other to produce specific documents relevant to the dispute. Fulfilling such requests can require reviewing and sorting through large volumes of material, which takes time and can generate additional expenses.

Similarly, tribunals sometimes ask that submissions be provided not only electronically but also in hard-copy form or on flash drives. In such cases, parties may incur extra costs for printing, equipment, and courier services to comply with these requirements.

If any documentary evidence or witness testimony is in a language different from that used in the arbitration, translation and interpretation costs should also be anticipated.

In short, parties should be prepared for unforeseen, smaller expenses that may arise throughout the arbitration process, even when the major costs have already been accounted for.

Timing of Payment in Arbitrations under the Swiss Rules

When it comes to budgeting for an arbitration, understanding when payments will become due can be useful.

As stated above, the Registration Fee is payable at the time that a party submits its Notice of Arbitration or counterclaim.

Next, as soon as the number of arbitrators is determined and the total amount in dispute is known on a preliminary basis, the Swiss Arbitration Centre will request the claimant to pay a provisional deposit in the amount of CHF 6,000 for the sole or first arbitrator and CHF 4,000 for each additional arbitrator, as well as the lower of the administrative costs computed based on the total amount in dispute or 50% of the average arbitrator’s fees computed only based on the claimant’s claims (Appendix B, Article 1.4).

This provisional deposit is meant to cover the fees and costs of the arbitral tribunal until the preparation of the initial procedural timetable and the full administrative costs (unless the aggregate amount of the claims raised by other parties is disproportionately higher) (Appendix B, Article 1.4).

Then, after the arbitral tribunal has been constituted and has consulted with the Swiss Arbitration Centre, it will request each party to deposit an equal amount as an advance for the fees and costs of the tribunal and any support required by the tribunal. The claimant’s provisional deposit will be considered a partial payment of this deposit (Article 41(1)).

Where a respondent submits a counterclaim, the tribunal may establish separate deposits (Article 41(2)).

The tribunal may request at any point in the proceedings that the parties supplement this deposit (Article 41(3)).

If the required deposits are not paid in full within 15 days of the request for payment, the tribunal will notify the parties so that the other party may pay on behalf of the non-paying party. If payment is still not made, then the tribunal may order the suspension or termination of the arbitration in respect of certain claims or parties (Article 41(4)).

Any unused amount of the deposits left after the final award is issued will be returned to the parties in proportion to their contributions (Article 41(5)).

With regard to legal and expert costs, these are typically paid on a schedule agreed between the party and its counsel or experts. This often involves the payment of an initial retainer upon engagement of the lawyers or experts, followed by monthly or periodic invoicing.

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

Allocation of Costs by the Arbitral Tribunal

Chapter 12 of the Swiss Private International Law Act, which governs arbitrations seated in Switzerland, does not regulate the allocation of costs.

Article 38 of the Swiss Rules, on the other hand, expressly states that the “final award or decision terminating the proceedings shall contain a determination of the costs of the arbitration.”

The costs of the arbitration include:

• The fees of the arbitral tribunal and any secretary.
• The expenses incurred by the tribunal and the secretary.
• Expert costs or other assistance required by the tribunal.
• Witness and expert costs.
• Legal costs.
• The registration fee and administrative costs.

Therefore, a party may, in effect, recover all costs expended by it in pursuing or defending itself in arbitration.

While Swiss law and the Swiss Rules provide no guidance on how an arbitral tribunal should apportion the costs, arbitrators in Swiss cases typically follow the “cost follows the event” rule, whereby the parties are awarded costs in proportion to each party’s success with its claims, i.e., the losing party reimburses the prevailing party.[1]

Conclusion

Understanding the cost structure of the arbitrations administered by the Swiss Arbitration Centre is key to making informed decisions and budgeting effectively. By anticipating institutional, legal, expert, and hearing costs, parties can minimise unexpected expenses and help ensure a smoother arbitration process.

Since costs are generally recoverable from the losing party, maintaining a well-documented and strategic approach to costs throughout the arbitration can also influence the final outcome.

Parties should also bear in mind that even after obtaining a final award, additional expenses may arise if enforcement proceedings are required due to non-compliance by the losing party.

If you are considering initiating an arbitration under the Swiss Rules, or if one has been filed against you, and you would like further information about the costs involved, please feel free to contact Aceris Law’s Geneva office.

[1] Swiss Arbitration Association, Costs of Arbitration in Switzerland, https://www.swissarbitration.org/wp-content/uploads/2022/05/Costs-of-Arbitration-in-Switzerland_2022.pdf (last accessed 6 November 2025).