How to reduce administrative costs at the ICC

The ICC International Court of Arbitration may grant reductions in administrative costs in cases related to Ukraine’s reconstruction. To ensure that the issue of such a reduction is considered from the outset of the proceedings, a party should indicate the dispute’s connection to reconstruction in its notice of arbitration.

This was discussed during the webinar «The ICC court of arbitration: opportunities for Ukrainian parties, advocates and arbitrators», which the Ukrainian National Bar Association held on August 25 at the initiative of the UNBA Committee on alternative dispute resolution. The event was attended by Maria Puchyna, Counsel to the ICC International Court of Arbitration, and Olena Koch, Vice Counsel to the Court. The discussion was moderated by Committee chairman Olena Perepelynska.

As O. Koch explained, support in disputes involving reconstruction relates to the ICC’s administrative costs but not to arbitrators’ fees. If a party did not indicate the dispute’s connection to reconstruction in its notice of arbitration, it may do so later by contacting the Secretariat. The Court considers the issue of granting a discount on a case-by-case basis.

Under the new fee scales, effective June 1, 2026, arbitration for disputes involving small claims has become less expensive, while the rates for disputes involving large sums have increased. The ICC determines arbitration fees based on the value of the dispute, and parties can perform a preliminary calculation using the calculator on the institution’s website.

The expedited procedure, designed to last six months, also helps reduce the financial burden. In 2026, it will automatically apply to disputes involving amounts up to $4 million; however, the parties may opt out of it or agree to apply it to a dispute involving a higher amount.

The new ICC Rules also introduced the Highly Expedited Arbitration Procedure, which provides for the resolution of a dispute within three months and applies only with the consent of the parties. A distinctive feature of this procedure is that the parties may agree to an award without a statement of reasons.

Among other possible measures to reduce arbitration costs, the speakers noted the option of having a single arbitrator (instead of three) hear the case.

M. Puchina explained that choosing ICC arbitration does not mean that the seat of arbitration will automatically be Paris. The parties may independently choose the seat of arbitration, the language of the proceedings, and the applicable law. In particular, Ukrainian parties may choose Kyiv, the Ukrainian language and law, as well as Ukrainian arbitrators; the notice of arbitration and subsequent communication with the Secretariat may also be conducted in Ukrainian. At the same time, for the entire proceedings to be conducted in Ukrainian, the selected arbitrators must also be proficient in the language.

According to O. Koch, in 2025, the ICC had two cases with Kyiv as the place of arbitration. Over the past decade, 64 Ukrainian parties have participated in arbitrations under the ICC Rules, 25 Ukrainian arbitrators have been appointed, and Ukrainian law has been applied in 13 cases.

A Ukrainian advocate does not need a special license or to complete any courses to represent a party before the ICC. At the company’s discretion, its interests may also be represented by an in-house counsel, provided that the counsel understands the arbitration procedure.