INTRODUCTION

Art. 60 is part of the Convention's Chapter VI on “Cost of Proceedings”. It deals with the remuneration and expenses of conciliators and arbitrators. Other instruments regulating international arbitration also contain detailed provisions on the fees and expenses of arbitrators.

Art. 60 also applies to members of ad hoc committees established in accordance with Art. 52(3). Art. 52(4) extends the application of Art. 60 to proceedings before an ad hoc committee. In addition, Administrative and Financial Regulation 14(1), dealing with the fees and expenses of conciliators and arbitrators, by its own terms also applies to members of ad hoc committees.

INTERPRETATION

The drafts leading to the Convention originally provided that, in the absence of an agreement with the parties, the commission or tribunal was to fix its fees and expenses after consultation with the Secretary-General (History, Vol. I, pp. 268, 270). There were suggestions to determine these amounts not on an ad hoc basis but in accordance with predetermined guidelines or tariffs (History, Vol. II, pp. 277/8, 437, 531, 898, 993). This led to the adoption of the text that foresees limits established by the Administrative Council.