Answer ... There is no reference in the Egyptian Arbitration Law on the issue of costs. Since the law refers in its article 25 to the institutional rules chosen by the parties, it is worth mentioning that pursuant to Article 42 paragraph 1 of CRCICA Rules, the tribunal fixes the cost of the arbitration. Paragraph 2 of the same article exhaustively enumerates the elements of the costs. These include the registration fee, the administrative fees, the arbitral tribunal’s fees, reasonable travel and other arbitrators’ expenses, the reasonable cost of expert advice and of other assistance, the reasonable witness expenses, the legal and other costs incurred by the parties in relation to the arbitration, any fees of the appointing authority other if it is not the CRCICA.
With regard to the allocation of costs, article 46 of the CRCICA Rules declares the principle that the costs are borne by the unsuccessful party. The tribunal may nevertheless take a different approach if it finds it is more reasonable.
It falls out of the Tribunal’s jurisdiction to decide upon the costs relating to the enforcement of the award as they are governed by the laws pertaining to the cost of judicial proceedings in Egypt.
Answer ... There are no restrictions under the Egyptian Arbitration Law on what the parties may agree on in terms of costs in an arbitration seated in Egypt. However, since article 25 of the Egyptian Arbitration Law refers to the chosen institutional rules, it is worth noting that the Arbitrators’ Fees and the Registration and Administrative Fees under Articles 43, 44 and 45 of the CRCICA Rules are set in accordance with the Tables annexed to these Rules and cannot be subject to an agreement to the contrary by the parties except in the ad hoc proceedings administered by the CRCICA where the parties can agree on a different determination of the fees.