Rules On Costs Of Arbitration

Article I
Costs of Arbitration

(1) Types of costs. The costs of arbitration are (i) the registration fee, (ii) the procedural fee, (iii) the specific expenses, and (iv) the parties’ own costs.
(2) Registration fee. The Arbitration Court charges a registration fee for the performance of basic administration in relation to the submission of a statement of claim and counterclaim. The amount of the registration fee is determined in the list of fees, which is attached to the Rules on Costs (“List of Fees”).
(3) Procedural fee. The Arbitration Court charges a procedural fee for the hearing and deciding on the statement of claim, counterclaim, or other acts in the arbitration. The amount of the registration fee is determined separately from the statement of claim, counterclaim, or other act in the arbitration pursuant to the List of Fees. If the amount of the procedural fee depends on the value of the dispute, the Arbitration Court determines the value of the dispute at its own discretion; it also takes into account the parties’ positions. The procedural fee determined in the List of Fees, except for the minimum fee pursuant to item 2 of the List of Fees, is decreased by 30% if the dispute is decided by a one-member arbitral tribunal. The procedural fee includes the remuneration of the arbitrators and Arbitration Court’s bodies for the performance of their offices in the arbitration. The Rules on Remuneration provide for the details of the procedural fee’s distribution between the arbitrators and the Arbitration Court. The procedural fee is rounded up to a whole number.
(4) Specific expenses. The specific expenses are justified, actual, and provable expenses incurred by the Arbitration Court and arbitral tribunal in relation to the arbitration, in particular the expenses for taking of evidence, expenditures of witnesses, payment of expert’s fees, interpreter’s fees, translation of documents, travel costs of arbitrators, etc.
(5) Parties’ own costs. The parties’ own costs are their appropriate, actual, and provable expenses of their legal representation, internal expenses, expenses of taking of evidence, and other expenses incurred by the parties in relation to the arbitration.

Article II
Payment of the Costs of Arbitration

(1) Registration fee and procedural fee. The obligation of a party to pay the registration fee and procedural fee occur on the day of submitting the statement of claim, counterclaim, or making any other chargeable action. The Arbitration Court does not have to make any act in relation to a chargeable action until the registration fee or the procedural fee has been paid.
(2) Specific expenses. The parties must pay the advance on specific expenses, also repeatedly, in the amount and within the time period determined by the Secretary. When fixing the advance on specific expenses, the Secretary takes into consideration which party gave rise to specific expenses. Until the advance on specific expenses has been paid, the acts for which the advance is fixed will not be made.
(3) Parties’ own costs. Each party bears its own costs.

Article III
Refund of Registration Fee, Procedural Fee, and Advance on Specific Expenses

(1) Registration fee. The registration fee is non-refundable.
(2) Procedural fee. The Arbitration Court refunds the procedural fee in the following situations and under the following conditions:
(a) if the Arbitration Court terminates the proceedings pursuant to Article VI(6)(g) of the Rules of Procedure after the prima facie assessment of its jurisdiction pursuant to Article III(10)(b) of the Statute, the Arbitration Court refunds 90% of the paid procedural fee to the claimant. The provision of the preceding sentence equally applies to the respondent in case of submission of a counterclaim,
(b) if the claimant withdraws the statement of claim before the appointment of the arbitral tribunal, the Arbitration Court refunds 80% of the paid procedural fee to the claimant. The provision of preceding sentence equally applies to the respondent in case of submission of a counterclaim,
(c) if the claimant withdraws the claim before the beginning of the first oral hearing, the Arbitration Court refunds 50% of the paid procedural fee to the claimant. The provision of preceding sentence equally applies to the counterparty in case of submission of a counterclaim,
(d) if the party applying for ordering an interim measure withdraws the application before the Arbitration Court has decided on the application, the Arbitration Court refunds 75% of the paid fee to the applicant. The provision of preceding sentence equally applies to the withdrawal of an objection to the ordered interim measure, and
(e) if the respondent withdraws a jurisdictional objection before the Arbitration Court has decided on the objection, the Arbitration Court refunds 75% of the paid fee to the respondent. The provision of preceding sentence equally applies to the claimant in case of a jurisdictional objection concerning the counterclaim.
(3) Advance on specific expenses. The Arbitration Court refunds the party or the parties the non-consumed advance on specific expenses after issuing the decision on costs.

Article IV
Decision on Costs

(1) Form of decision. The arbitral tribunal may decide on the costs of arbitration in the form of an arbitral award on the merits, separate award after making the arbitral award on the merits, or in a procedural order terminating the arbitration.
(2) Method of decision. The arbitral tribunal is entitled to decide at its discretion which party bears the costs of arbitration; it takes into account which party was successful in the arbitration and to what extent. The parties may agree on different rules for deciding which party bears the costs of arbitration before the issuance of decision on costs.

Article V
Payments

(1) Payment method. Payments to the Arbitration Court are made by a credit transfer to the bank account or in cash to the Arbitration Court’s treasury.
(2) Date of payment. Payments to the Arbitration Court are deemed to have been made on the day of crediting the funds to the bank account or day of furnishing the funds to the Arbitration Court’s treasury.

Attachment to the Rules on Costs of Arbitration
List of Fees

(1) The registration fee for submitting the statement of claim, counterclaim, or application for reviewing an arbitral award is EUR 300.00.
(2) The fee for submitting the statement of claim, counterclaim, or application for reviewing an arbitral award is 6% of the value of the dispute, but at least EUR 500 and not more than EUR 200,000.00.
(3) The fee for filing an application for ordering an interim measure is EUR 500.00.
(4) The fee for filing an objection to the interim measure is EUR 500.00
(5) The fee for filing an objection to lack of jurisdiction of the Arbitration Court is 50% of the procedural fee set out in point (2).
All amounts fixed in this List of Fees are excluding value added tax (VAT).