Jurisdiction(s):
United Kingdom

Key definition

Costs definition

What does Costs mean? In litigation, costs are the legal fees, disbursements, court fees and VAT incurred in bringing, defending or appealing a claim, and the sums a court or tribunal may order one party to pay another for those liabilities. The concept is governed by procedural rules and case law rather than a single statutory definition: England and Wales (CPR 44–47), Northern Ireland (RCJ Ord 62), Scotland (where the equivalent term is expenses), and Ireland (Legal Services Regulation Act 2015 and the Legal Costs Adjudicators). The general approach is broadly consistent, subject to local terminology and procedure. Typical features include the discretionary rule...

ICDR International Arbitration Rules 2021: administrative fee schedules, tribunal fees and expenses, deposits, security for costs, default consequences, and cost awards

Published by a LexisNexis Arbitration expert

Practice notes

This Practice Note examines how Costs and security for costs are addressed under the International Centre for Dispute resolution (ICDR) International Dispute Resolution Procedures (including Mediation and Arbitration Rules) (the International Rules), amended and effective 1 March 2021. For an introduction to the International Rules, covering how to start and formally answer ICDR arbitration proceedings, see Practice Note: ICDR (2021)—introduction to the institution—commencing arbitration and responding to arbitration. For guidance on arbitrating under earlier iterations of the International Rules, see: ICDR arbitration—overview. For information on the American Arbitration Association® (AAA), see: AAA arbitration—overview.

Administrative/institutional fees

Under the International Rules, each party bringing claims or counterclaims must elect between two fee arrangements: the Standard Fee Schedule and the Flexible Fee Schedule. The Flexible Fee Schedule is available only for claims above US$150,000. The Standard Fee Schedule has two payment triggers; the Flexible Fee Schedule has three. All else being equal, and assuming the arbitration proceeds to a hearing, the total fees paid under the Flexible Fee Schedule will typically be somewhat higher. The rationale for the choice is simple: the Flexible Fee Schedule calls for a smaller initial fee with two further instalments to be made at a later point in...

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Peter Danysh

Vinson & Elkins LLP

Peter’s principal area of practice is complex commercial litigation, with a focus on international disputes. His experience includes work on both international commercial and investor-state arbitrations under numerous institutional rules, including the International Chamber of Commerce (ICC), International Centre for Settlement of Investment Disputes (ICSID), and the United Nations Commission on International Trade Law (UNCITRAL). Peter has worked on international disputes for clients in both civil and common law jurisdictions all over the world, with a focus on Latin America, and additional experience in Asia and the Middle East. His work also spans several industries, with particular experience in construction and energy. In addition to his international work, Peter’s practice includes domestic litigation in both state and federal court, representing clients in a wide variety of commercial cases, including work on commercial real estate, manufacturing, and products liability disputes....

Robert Reyes Landicho

Vinson & Elkins LLP

Robert's principal area of practice is complex commercial litigation. He was Development Editor of the Berkeley Business Law Review, Clinic Director of the Iraqi Refugee Assistance Project and winner of the Jurisprudence Award for Appellate Advocacy and the Prosser Prize for European Union Law. He was admitted to practice in Texas in 2013. He is proficient in Arabic and French....

Andreina Escobar

Vinson & Elkins LLP

Andreina’s principal area of practice is complex commercial litigation.

Web page updated on 21/05/2026

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