ICC仲裁에서 仲裁費用의 均等豫納制度에 관한 硏究

A Study on the Equal Share System of Advances on Costs in ICC Arbitration

&nbsp;&nbsp;The purpose of this paper is to analyze the composition of ICC Arbitration costs, to examine how/by whom these costs are determined, and finally investigate the Equal Share System of Advances on Costs. For this purpose this paper first examines the composition of the ICC Arbitration costs. Than this paper analyzed the problems regarding the Equal Share System of Advances on Costs according to the Article 30 of the Rules with the following order:<BR>&nbsp;&nbsp;First, the provisional advance to cover the costs of arbitration until the Terms of Reference have been drawn up is required to be examined. Second, the main advance on costs, for which the Court shall fix to cover the fees and expense of the arbitrators and the ICC administrative costs for the claims and counterclaims shall be shared by the Claimant and the Respondent, subject to readjustment during the arbitration. Third, in case one party&quot;s failure to pay its share, the other party shall be free to pay the whole of the advance on costs in respect of the principal claim or the counterclaim. This paper thinks that these equal share system has contributed greatly to the upgrade and the stability of ICC Arbitration by securing a sufficient found in advance.