What the budget includes
Separate four categories: institutional charges and arbitrator fees; experts, translators, witnesses and hearing arrangements; the party’s own lawyers and evidence preparation; and subsequent state-court proceedings. A filing fee or a tariff-based arbitration charge will usually not represent the entire dispute budget.
For each amount, record the recipient, currency, payment date, adjustment and refund arrangements, and the document establishing the charge. Allow separately for a counterclaim, additional claims, tribunal size, translation and expert evidence. An advance identifies who finances the proceedings now; final allocation determines who ultimately bears the cost.
Russia: domestic arbitration and ad hoc fees
Law 382-FZ Article 22 covers arbitrator fees and expenses, experts and translators, evidence inspection, witness and representative expenses, procedural administration and other costs determined by the tribunal. In administered arbitration, the institution’s rules determine arbitrator fees and identify who decides which payments are made directly and which pass through the institution.
For Russian domestic ad hoc arbitration, the parties agree the fee. Without agreement, the tribunal determines it by reference to the amount claimed, complexity, time spent and other relevant circumstances under Article 22(4). The absence of an institution therefore does not make proceedings free. Before appointments are accepted, it is sensible to document the calculation method, time and expense records, advances and consequences of early termination.
International arbitration: identify the applicable rules first
Law 382-FZ Article 22 cannot automatically be transferred to international commercial arbitration merely because the seat is in Russia. Examine Law 5338-I Article 19, the agreement and the chosen rules separately; Article 31 requires the award to state arbitration fees, costs and their allocation. The UNCITRAL Rules apply through agreement, rather than by default to every ad hoc arbitration.
Read an institutional tariff together with its effective date and transitional provisions. For example, the ICAC Costs Regulations amended on 9 October 2024 should be read alongside the notice applying the amendments to claims filed from 1 January 2025. A date attached to the institution’s entire documents section is not the version date of every instrument. A calculator assists initial budgeting, while additional expenses and refund conditions need separate examination.
Advances and the other party’s failure to pay
An advance is not a finding of liability or a decision on the claim. Under UNCITRAL Rules 2021 Article 43, the tribunal may request equal advances for Article 40(2)(a)–(c): its fees and expenses and expert or other assistance required by the tribunal. This is not a general mechanism for prepaying all of the parties’ legal expenses. Supplementary deposits are possible.
Under that model, if the deposit is not fully paid within 30 days after receipt of the request, the tribunal informs the parties so that one or more may pay the shortfall. If payment is still not made, it may suspend or terminate the proceedings. After the final award or a termination order, it accounts for deposits and returns the unspent balance. These rules and the time period belong to the agreed UNCITRAL Rules; another set of rules may establish a different process.
Who ultimately bears the costs
For Russian domestic arbitration, Law 382-FZ Article 22(5) gives priority to party agreement; without it, costs are allocated proportionately to claims upheld and rejected. Paragraph 6 separately allows the tribunal, at the successful party’s request, to place its representation and other arbitration costs on the other party. Paying an invoice and seeking reimbursement are therefore separate steps; the categories and amount claimed require justification.
UNCITRAL Rules Article 42 starts from costs being borne by the unsuccessful party or parties, but permits a different apportionment of individual costs where reasonable in the circumstances. Article 40 limits recoverable party legal and other costs to amounts the tribunal considers reasonable. Neither “the loser always pays every invoice” nor “all costs are always split equally” accurately describes this model or Russian Article 22.
Preparing a costs submission
A separate schedule by category and stage is useful: lawyers, experts, translation, travel and evidence examination. Link each entry to an engagement or assignment, invoice, evidence of services and payment or other documents establishing the expense, and its connection with this case. Reconcile deposits against the final account: an unused refunded balance should not simultaneously remain part of the reimbursement claim.
This is a practical preparation method, not a universal statutory list of attachments. The tribunal sets the procedural arrangements under the applicable rules. Establish dates for costs submissions and responses, explain significant expenses, and allow the other party to comment. When submitting lawyers’ records, address the scope of disclosure and permitted confidential redactions separately; an unexplained total is difficult to assess.
Disagreement over fees: the UNCITRAL review mechanism
UNCITRAL Rules Article 41 requires reasonable arbitrator fees and expenses, disclosure of the calculation method and a separate review process. A proposed method may be referred to the appointing authority within 15 days of receipt. Determined arbitrator fees and expenses may likewise be referred for review within 15 days of receiving that determination; in the circumstances specified by the article, the PCA Secretary-General conducts the review. The PCA explains these functions separately.
This reviews arbitrator fees and expenses; it is not a merits appeal or a reassessment of all party costs. The time period cannot be borrowed for another institution or statute. The tribunal continues the arbitration during the review. A reference under Article 41(4) does not alter the award’s other determinations or delay recognition and enforcement of its other parts, as paragraphs 5–6 explain.
Settlement, termination and an omitted request
A settlement should expressly address paid charges, unreimbursed advances, expert costs and representation: each party bears its own costs, or one reimburses specified amounts to the other. Separately establish which charges the institution refunds under its rules and to whom. The parties’ allocation agreement does not by itself amend the institution’s tariff or refund conditions.
Before proceedings close, check that costs have been claimed and supporting material submitted. If the award contains an arithmetic error or leaves an already submitted claim unresolved, identify the available mechanism under the statute and rules: see correction and additional awards. A newly asserted amount after the award cannot be assumed to be automatically recoverable through a correction request.
State-court costs are a separate stage
Court fees and representation expenses for setting aside, a domestic enforcement writ or recognition of a foreign award arise in state-court proceedings. They are claimed and allocated under the applicable procedural code. The tribunal does not prospectively award any and all future expenses of those proceedings, and an arbitration payment does not replace a court fee where one is required.
Russian Supreme Court Plenum 1 of 21 January 2016, paragraphs 1 and 10–13, connects court-cost recovery with the outcome of the relevant proceedings, proof of expenses and their connection with the case; representation costs are subject to reasonable limits. This is general guidance for state courts. It does not turn an enforcement court into an ordinary appellate forum for all costs already allocated by arbitrators. See the separate guide to grounds for judicial review.
General information. The applicable legal framework depends on the particular dispute, seat and enforcement country.