SECTION 11 — Advance to cover the costs of the arbitration
11.1 The court shall fix the amount of the advance on costs in a sum likely to cover the costs of
arbitration of the claims which have been referred to it in accordance with article 24.2 a)
below.
This amount may be subject to readjustment where the amount of the dispute is modified by at
least one quarter or if any new circumstances render such readjustment necessary.
The court may fix separate advances on costs for the claims and the counter claim if so requested
by a party.
11.2 The advance on costs shall be payable in equal shares by the claimant(s) and the
respondents. However, any party shall be free to pay the whole of the advance on costs in
respect of the principal claim and the counterclaim, should the other party fail to pay his
share.
The advance on costs fixed shall be paid in full to the Secretary General of the Court before
the file is transmitted to the arbitrator: the payment of at most three quarters of the amount fixed
may be secured by an adequate bank guarantee.
11.3 Only claims for which the advance on costs has been duly paid pursuant to paragraph 11.2
above shall be brought to the arbitrator.
Where a supplementary advance on costs has become necessary, the arbitrator shall suspend his
assignment until the supplementary deposit has been paid to the Secretary General.
Official translation
Spot-checked
In force from 11 March 1999
Source page 11