1. General provisions
The present Regulations are a constituent part of the Regulations of the standing arbitration court “International Arbitrage” of “International Committee for Settlement of non-governmental Disputes".
Order of implementation, insertion of alternations and additions to the present Regulations is the same as the order of implementation, insertion of alternations and additions to the Regulations of the standing arbitration court “International Arbitrage” of “International Committee for Settlement of non-governmental Disputes".
2. Definition of terms used in the present Regulations
“International Arbitrage” – standing arbitration court “International Arbitrage” of “International Committee for Settlement of non-governmental Disputes".
“Arbitration charges” – charges paid in advance on every claim filed to the “International Arbitrage” and containing honorarium fee and administrative fee.
“Honorarium fee” – charges for payment of fees for case consideration
“Administrative fee” - charges to meet the expenditures on organization and conducting of arbitration trial, including general economic expenses connected with the activity of the International Arbitrage.
“Additional expenses” – special expenses arising in connection with the consideration of a concrete case (including expenses on examination, oral and written translations, covering of expensed of arbitrators, witnesses, etc.)
“Expenses of the parties” – expenses incurred by the parties in connection with protection of their interests durin
3. Arbitration charges
3.1. Arbitration charges are estimated in US dollars if the cost of action is denominated in a foreign currency by summation of honorarium fee and administrative fee in compliance with the following scale:
|Cost of action|
|up to 10.000
|from 10.001 up to 50.000
||780 + 3% of the sum over 10.000
||1.820 + 7% of the sum over 10.000
|from 50.001 up to 100.000
||1.980 + 2,7%of the sum over
|4.620 + 6,3% of the sum over
|from 100.001 up to 200.000
||3.330 + 1,5% of the sum over
|7.770 + 3,5% of the sum over
|from 200.001 up to 500.000
||4.830 + 0,75% of the sum over
|11.270 + 1,75% of the sum over
|from 500.001 up to 1.000.000
||7.080 + 0,42% of the sum over
|16.520 + 0,98% of the sum over
|from 1.000.001 up to 2.000.000
||9.180 + 0,27% of the sum over
|21.420 + 0,63% of the sum over
|from 2.000.001 up to 5.000.000
||11.880 + 0,15% of the sum over
|27.720 + 0,35% of the sum over
|from 5.000.001 up to 10.000.000
||16.380 + 0,12% of the sum over
|38.220 + 0,28% of the sum over
||22.380 + 0,04% of the sum over
|52.220 + 0,08% of the sum over
3.2. At calculation of the arbitration charges, the sum to be paid is approximated to round numbers.
3.3. Considering complexity of case, fundamentally increased time spending and expenses connected with the arbitration trial, Chairman of the International Arbitrage ICSNGD has the right to make resolution about increasing the sum of arbitration charges.
3.4. Fees of arbitrators, court reporters, Chairman of International Arbitrage ICSNGD are paid out of honorarium charges and are fixed according to the Regulations about fees on affairs of the International Arbitrage ICSNGD.
4. Reduction of the sum of arbitration charges
4.1. If the case is considered by an individual arbitrator, the arbitration charges are reduced by 20%.
4.2. If the arbitration trial is terminated in connection with the claimant’s resigning the claim before the first sitting of the court, in particular if the parties have settled the dispute amicably, and the International Arbitrage ICSNGD receives the application on refusal of the parties to continue case consideration in the International Arbitrage ICSNGD, the arbitration charges are reduced by 50 %.
4.3. If the trial is terminated on the first sitting without adopting decision, the arbitration charges are reduced by 25 %.
4.4. Considering facts of a concrete case, Chairman of the International Arbitrage ICSNGD has the right to make the resolution on reduction of arbitration charges in other cases in a different amount than was stipulated by the present paragraph.
5. Arbitration charges in view of a counter-claim or offsetting of claim
5.1. To a counter-claim or a offsetting of claim the same rules about arbitration charges are applied as those applied to the original claim. Arbitration charges on a counter-claim or offsetting of claim are estimated in accordance with the scale operating on the date of filing of the original claim, and are paid in the order fixed by paragraph 3 of the present Regulations.
6. Distribution of arbitration charges among the parties
6.1. Distribution of arbitration charges among the parties is carried out by the International Arbitrage ICSNGD in accordance with the agreement of the parties, and at absence of such – in proportion to satisfied and rejected claims.
6.2. If the parties have not agreed otherwise, arbitration charges are placed on the party against which the arbitration decision was adopted.
6.3. If the claim is satisfied partially, arbitration charges are placed on the defendant in proportion to the sum of the satisfied plaintiff’s claims and on the claimant – in proportion to the part of the claims that wasn’t satisfied.
6.4. The parties can mutually agree upon other way of distribution of arbitration charges.
7. Covering of additional expenses
7.1. Circuit Arbitration can charge one of the parties or both parties to pay in advance for covering of additional expenses in connection with the realization of arbitration trial. Prepayment for covering of additional expenses can, in particular, be demanded by the International Arbitrage ICSNGD of the party that has declared the necessity of taking actions concerning dispute consideration that can entail additional expenses, if such declaration is considered valid.
7.2. International Arbitrage ICSNGD can gear carrying out corresponding actions concerning dispute consideration to paying in advance by one of the parties or both parties within the fixed time for coverage of additional expenses.
7.3. If a party elects an arbitrator having permanent residence out of the place of International Arbitrage ICSNGD sitting, this party has to pay in advance to cover the expenses on his participation in the arbitration trial (travel, living, food, visa expenses, etc.). As the party pays in advance within the fixed time, it is considered that this party has refused the right to elect arbitrator, and arbitrator for this party is elected by the Chairman of the International Arbitrage ICSNGD.
In this case, if this person functions as Chairman of the bench, the prepayment for coverage of expenses on his participation in the arbitration trial is to be made by each party per capita. As the defendant makes the corresponding prepayment within the fixed time, the claimant is to do the same.
7.4. If under the request of one of the parties the process of case consideration is accompanied by translation of explanation of the parties, their statements, etc., as well as questions, explanations and directions of the bench, the expenses on translation are covered by the specified party.
If the arbitration trial is not conducted in the English language, the coverage of possible expenses on translation can be pined on any of the parties per capita.
International Arbitrage ICSNGD can demand prepayment to cover these expenses of the corresponding party or parties.
7.5. Distribution of additional expenses among the parties is carried out in accordance with the rules stated in paragraph 6 of the present Regulations.
8. The order of payment of the sums of arbitration charges and expenses
8.1. All sums owed to the International Arbitrage ICSNGD are considered paid on the day they are paid to an account of “International Committee for Settlement of non-governmental Disputes".
8.2. Expenses on bank transfer of the specified sums are covered by the party arranging for the corresponding payment.
9. Expenses of the parties
9.1. The party in favor of which the decision is adopted can demand the other party should pay all of its reasonable expenses that occurred in connection with the arbitration trial, including expenses connected with the protection of its interest through legal representatives.
10. Other distribution of arbitration charges and expenses
10.1. Considering the facts of a concrete case the International Arbitrage ICSNGD can set other (than stipulated by paragraphs 6, 7 and 9 of the present Regulations) distribution of arbitration charges, additional expenses of the International Arbitrage ICSNGD and expenses of the parties, including collecting in favor of one of the parties from the other party of unwarranted expenses incurred by the first party that occurred owing to inexpedient and unfair actions of the other party, including actions causing unjustified delay of the arbitration trial.
11. Operation of the Regulations about arbitration charges and expenses
Regulations about arbitration charges and expenses are to be implemented on account of cases which writs have been put in after this document has come into effect.