|
Calculation of arbitration costs collection
|
The question of arbitration costs and fees is handled in the Schedule of Arbitration Fees and Costs (Schedule) appended to the Rules of the ICAC.
The Schedule covers the following expenses and fees:
- registration fee is a fee, which is paid when filling a claim or application securing claim to the ICAC for covering expenses connected with the beginning of the arbitral proceeding;
- arbitration fee is a fee, which is paid in advance on each claim filed with ICAC, including arbitrator's fee and administrative fee;
- arbitrator's fee covers remunerations to arbitrators for examination of a case;
- administration fee covers the costs of organization and conduct of arbitral proceeding including general business expenses, connected with the activity of the ICAC;
- additional costs that are extra costs incurred by the ICAC in each specific case, such as costs of expert examination services, written translations, reimbursement of the arbitrator's expenses, witnesses);
- expenses incurred by the parties to protect their interests during proceedings in the case, in addition to the afore-said expenses.
The registration fee is charged in the amount of 1000 USD, if the amount of the claim is expressed in foreign currency or 30000 Russian rubles if the amount of the claim is expressed in Russian. The registration fee is not refundable.
The arbitration fee can be calculated in Russian rubles or in US dollars depending on the currency in which the cost of the claim is expressed. The arbitration fee is calculated by the Secretary of the ICAC by summing up arbitrator's fee and administration fee in accordance with the special scales in Russian rubles and in US dollars depending on the amount of the claim.
1. The arbitration fee shall be calculated in Russian rubles, if the amount of the claim is expressed in Russian rubles, by adding up the arbitrator's fee and the administration fee as follow:
Amount of claim (Russian rubles) | Arbitrator's fee (Russian rubles) | Administration fee (Russian rubles) |
| Up to 300 000 |
23 400 |
54 600 |
| 300 000 to 1 500 000 |
23 400+3% of the amount above 300 000 |
54 600+7% of the amount above 300 000 |
| 1 500 000 to 3 000 000 |
59 400+2,7% of the amount above 1 500 000 |
138 600+6,3% of the amount above 1 500 000 |
| 3 000 000 to 6 000 000 |
99 900+1,5% of the amount above 3 000 000 |
233 100+3,5% of the amount above 3 000 000 |
| 6 000 000 to 15 000 000 |
144 900+0,75% of the amount above 6 000 000 |
338 100+1,75% of the amount above 6 000 000 |
| 15 000 000 to 30 000 000 |
212 400+0,42% of the amount above 15 000 000 |
495 600+0,98% of the amount above 15 000 000 |
| 30 000 000 to 60 000 000 |
275 400+0,27% of the amount above 30 000 000 |
642 600+0,63% of the amount above 30 000 000 |
| 60 000 000 to 150 000 000 |
356 400+0,15% of the amount above 60 000 000 |
831 600+0,35% of the amount above 60 000 000 |
| 150 000 000 to 300 000 000 |
491 400+0,12% of the amount above 150 000 000 |
1 146 600+0,28% of the amount above 150 000 000 |
| Over 300 000 000 |
671 400+0,04% of the amount above 300 000 000 |
1 566 600+0,08% of the amount above 300 000 000 |
2. The arbitration fee shall be calculated in U.S. dollars, if the amount of the claim is expressed in currencies other than Russian rubles, by adding up the arbitrator's fee and the administration fee as follows:
Amount of claim (in U.S. dollars) | Arbitrator's fee (in U.S. dollars) | Administration fee (in U.S. dollars) |
| Up to 10 000 |
780 |
1 820 |
| 10 001 to 50 000 |
780+3% of the amount above 10 000 |
1 820+7% of the amount above 10 000 |
| 50 001 to 100 000 |
1 980+2,7% of the amount above 50 000 |
4 620+6,3% of the amount above 50 000 |
| 100 001 to 200 000 |
3 330+1,5% of the amount above 100 000 |
7 770+3,5% of the amount above 100 000 |
| 200 001 to 500 000 |
4 830+0,75% of the amount above 200 000 |
11 270+1,75% of the amount above 200 000 |
| 500 001 to 1 000 000 |
7 080+0,42% of the amount above 500 000 |
16 520+0,98% of the amount above 500 000 |
| 1 000 001 to 2 000 000 |
9 180+0,27% of the amount above 1 000 000 |
21 420+0,63% of the amount above 1 000 000 |
| 2 000 001 to 5 000 000 |
11 880+0,15% of the amount above 2 000 000 |
27 720+0,35% of the amount above 2 000 000 |
| 5 000 001 to 10 000 000 |
16 380+0,12% of the amount above 5 000 000 |
38 220+0,28% of the amount above 5 000 000 |
| Over 10 000 000 |
22 380+0,04% of the amount above 10 000 000 |
52 220+0,08% of the amount above 10 000 000 |
When settling up arbitration fee, the sum to be paid shall be rounded off to whole numbers.
The arbitration fee is apportioned between the parties according to specific rules. As a general rule, unless otherwise is specified upon between the parties, arbitration fee is charged to the party which the award is made against. If a claim is granted in part, the arbitration fee shall be charged to the respondent in proportion to the satisfied claims, and the claimant proportionally to the dismissed part of the claim.
The rules of additional costs apply to a special case when an arbitrator chosen by a party to act in the arbitral proceedings resides permanently beyond Moscow. Such party is required to make an advance payment against the costs of his participation in the arbitral proceedings. Where such person is elected as a presiding arbitrator, the expenses involved are to be covered by the two parties in equal measure. Should the respondent fails to make the above mentioned advance payment in the time stated, it is to be paid by the claimant.