China International Economic and Trade Arbitration Commission Arbitration Fee Schedule I
(This fee schedule applies to arbitration cases accepted under Items (a) and (b), Paragraph 2 of Article 3 of the Arbitration Rules)
1. When a case is accepted, an additional amount of RMB 10,000 shall be charged as the registration fee, which shall include the expenses for examining the application for arbitration, initiating the arbitral proceedings, computerizing management and filing documents.
2. The amount in dispute referred to in this Schedule shall be based on the sum of money claimed by the Claimant. If the amount claimed is different from the actual amount in dispute, the actual amount in dispute shall be the basis for calculation.
3. Where the amount in dispute is not ascertained at the time of applying for arbitration, or where special circumstances exist, the amount of the arbitration fee shall be determined by CIETAC.
4. Where the arbitration fee is to be charged in a foreign currency, the amount in the foreign currency shall be equivalent to the corresponding amount in RMB as specified in this Schedule.
5. Apart from charging the arbitration fee according to this Schedule, CIETAC may also collect other additional and reasonable actual expenses pursuant to the relevant provisions of the Arbitration Rules.
China International Economic and Trade Arbitration Commission Arbitration Fee Schedule II
(This fee schedule applies to arbitration cases accepted under Item (c), Paragraph 2 of Article 3 of the Arbitration Rules)
I. Registration Fee
II. Handling Fee
1. The amount in dispute referred to in this Schedule shall be based on the sum of money claimed by the Claimant. If the amount claimed is different from the actual amount in dispute, the actual amount in dispute shall be the basis for calculation.
2. Where the amount in dispute is not ascertained at the time of applying for arbitration, or where special circumstances exist, the amount of the arbitration fee deposit shall be determined by CIETAC in consideration of the specific rights and interests involved in the dispute.
3. Apart from charging the arbitration fee according to this Schedule, CIETAC may also collect other additional and reasonable actual expenses pursuant to the relevant provisions of the Arbitration Rules.
China International Economic and Trade Arbitration Commission Arbitration Fee Schedule III
(This fee schedule applies to arbitration cases administered by the CIETAC Hong Kong Arbitration Center under Chapter VI of the Arbitration Rules)
I. Registration Fee
When submitting a Request for Arbitration to the CIETAC Hong Kong Arbitration Center, the Claimant shall pay a registration fee of HKD 8,000, which shall include the expenses for examining the application for arbitration, initiating the arbitral proceedings, computerizing management, filing documents and labor costs. The registration fee is not refundable.
II. Administrative Fee
1. Administrative Fee Table
2. The administrative fee includes the remuneration of the case manager and the costs of using oral hearing rooms of CIETAC and/or its sub-commissions/arbitration centers.
3. Claims and counterclaims are aggregated for the determination of the amount in dispute. Where the amount in dispute is not ascertained at the time of applying for arbitration, or where special circumstances exist, the amount of the administrative fee shall be determined by CIETAC taking into account the circumstances of the case.
4. Apart from charging the administrative fee according to this Table, the CIETAC Hong Kong Arbitration Center may also collect other additional and reasonable actual expenses pursuant to the relevant provisions of the Arbitration Rules, including but not limited to translation fees, written record fees, and the costs of using oral hearing rooms other than those of CIETAC and/or its sub-commissions/arbitration centers.
5. Where the registration fee and the administrative fee are to be charged in a currency other than HKD, the CIETAC Hong Kong Arbitration Center shall charge an amount of the foreign currency equivalent to the corresponding amount in HKD as specified in this Table.
III. Arbitrator’s Fees and Expenses
A. Arbitrator’s Fees and Expenses (Based on the Amount in Dispute)
1. Arbitrator’s Fees Table
2. Unless otherwise stipulated in this Schedule, the arbitrator’s fees shall be determined by CIETAC in accordance with the above Table taking into account the circumstances of the case. The arbitrator’s expenses shall include all reasonable actual expenses incurred from the arbitrator’s arbitration activities.
3. The arbitrator’s fees may exceed the corresponding maximum amount listed in the Table provided that the parties so agree in writing or CIETAC so determines under exceptional circumstances.
4. The parties shall advance the payment of the arbitrator’s fees and expenses determined by CIETAC to the CIETAC Hong Kong Arbitration Center. Subject to the approval of the CIETAC Hong Kong Arbitration Center, the parties may pay the arbitrator’s fees and expenses in installments. The parties shall be jointly and severally liable for the payment of the arbitrator’s fees and expenses.
5. Claims and counterclaims are aggregated for the determination of the amount in dispute. Where the amount in dispute is not ascertainable, or where special circumstances exist, the amount of the arbitrator’s fees shall be determined by CIETAC taking into account the circumstances of the case.
B. Arbitrator’s Fees and Expenses (Based on an Hourly Rate)
1. Where the parties have agreed in writing that the arbitrator’s fees and expenses are to be based on an hourly rate, their agreement shall prevail. The arbitrator is entitled to fees based on an hourly rate for all the reasonable efforts devoted in the arbitration. The arbitrator’s expenses shall include all reasonable actual expenses incurred from the arbitrator’s arbitration activities.
2. Where a party applies for the Emergency Arbitrator Procedures, the emergency arbitrator’s fees shall be based on an hourly rate.
3. The hourly rate for each co-arbitrator shall be the rate agreed upon by that co-arbitrator and the nominating party. The hourly rate for a sole or presiding arbitrator shall be the rate agreed upon by that arbitrator and both parties. Where the hourly rate cannot be agreed upon, or the arbitrator is appointed by the Chairman of CIETAC, the hourly rate of the arbitrator shall be determined by CIETAC. The hourly rate for the emergency arbitrator shall be determined by CIETAC.
4. An agreed or determined hourly rate shall not exceed the maximum rate fixed by CIETAC as provided on the CIETAC website on the date of the submission of the Request for Arbitration. The arbitrator’s fees may exceed the fixed maximum rate provided that the parties so agree in writing or CIETAC so determines under exceptional circumstances.
5. The parties shall advance the payment of the arbitrator’s fees and expenses to the CIETAC Hong Kong Arbitration Center, which amount shall be fixed by the latter. The parties shall be jointly and severally liable for the payment of the arbitrator’s fees and expenses.
C. Miscellaneous
1. In accordance with the decision of the arbitral tribunal, the CIETAC Hong Kong Arbitration Center shall have a lien over the award rendered by the arbitral tribunal so as to secure the payment of the outstanding fees for the arbitrators and all the expenses due. After all such fees and expenses have been paid in full jointly or by one of the parties, the CIETAC Hong Kong Arbitration Center shall release such award to the parties according to the decision of the arbitral tribunal.
2. Where the arbitrator’s fees and expenses are to be charged in a currency other than HKD, the CIETAC Hong Kong Arbitration Center shall charge an amount of the foreign currency equivalent to the corresponding amount in HKD as specified in this Schedule.
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