Международный арбитраж "IUS"

Regulation for the Arbitration Fees and Expenses

This Regulation accepted on 12 December 2016

1. Definitions

1.1. Registration Fee – the fee which the claimant shall pay at the same time as the claim is filed or at filing of a request for interim measures which covers a part of the specific costs arising prior to the commencement of the arbitration proceeding.

1.2. Arbitration Fee – the fee covering the costs related to arbitral proceedings.

1.3. Additional Fees – fees covering additional charges to the arbitration proceedings which are connected to settlement of particular dispute (for example, cost of examination and translation of documents; compensation to the experts and translators; reimbursement to witnesses of travel and accommodation expenses, etc.).

1.4. Arbitrators' Fee – amount payable to arbitrator for settlement of the dispute. Chairperson, Deputy Chairperson of the Arbitration determines the fees of the arbitrator in each case, taking into account the statement of value of the claim, the complexity of the dispute, the time spent by arbitrators onto the arbitration proceedings, and any other relevant circumstances.

2. Registration Fee

2.1. Upon lodging the claim to the Arbitration, the claimant shall pay the Registration Fee of an amount 990 US dollars. The currency of the payment (Kazakhstan's tenge, Russian rubles, US dollars, euro or other monetary units) shall be determined by the Chairperson or Deputy Chairperson of the Arbitration.

2.2. The Registration Fee is non-refundable but is taken in account of the Arbitral Tribunal while taking the arbitration award and apportionment of the arbitration fees and expenses.

3. Arbitration Fee

3.1. The basic criterion for determination of the sum of the arbitration fee is the statement of value of the claim or the amount of the claim (see the Table for the Calculation of Arbitration Fee).
The currency of the arbitration fee (tenge, rubles, US dollars, euros or other monetary unit) is determined by the Chairman, Deputy chairman of the Arbitration, taking into account the currency of the contract and / or  the claim.
When a claim is filed in excess of USD 5,000,000, the arbitration fee shall be decided by the Chairman or Deputy Chairman of the Arbitration, depending on the number of appointed arbitrators, the complexity of the case and other significant circumstances of the case.

3.2. If it is impossible to determine the amount of the claim, or in the case of an association in the lawsuit claims of property and non-property nature, the amount of the arbitration fee with the preliminary estimates of the costs associated with the arbitration shall be established by the Chairperson, the Deputy Chairperson of the Arbitration.
Initiating of any claim for: cancellation of the contract, voiding of the contract in the whole or in the part, a claim for enforcement of the contract or in case of other similar claims, the arbitration fee is calculated according to the Table of the Calculation of Arbitration Fee from the total sum of the contract.
When the claimant is combined his claims to the principal debtor, to insurer, to guarantor, to surety, to mortgagor or to others, or the claimant made any other statement with similar requirements, the arbitration fee shall be calculated on the Table based on the amount of claims under the insurance contract, contract collateral, guarantees and others similar requirements. In these cases, the calculation of the arbitration fee is made separately from the calculation of the arbitration fee on the principal obligation.
In particular circumstances, the amount of the arbitration fee may be reduced or divided equally between the parties. When the amount of the arbitration fee is below the minimum arbitration fee which has been calculated on the table, the minimum arbitration fee is to be paid.

3.3. An arbitration fee is charged for the conduct of the arbitration.The arbitration fee is paid according to the invoice within 10 days from the date of filing the claim; proof of payment of the arbitration fee is attached to the statement of claim.
The result of the arbitration proceedings is the issuance of an arbitration award or ruling on the termination of the arbitration proceedings (proceedings on the case). Cancellation of the arbitration award or ruling on the termination of the arbitration proceedings is not a basis for the return of the arbitration fee or part thereof. The cases and procedure for reducing and refunding the arbitration fee are provided for in clauses 4.1. - 4.4. of this Regulation.

Table for the Calculation of Arbitration Fee

(the table applies to claims, regardless of the currency of the claim: tenge, dollars, euros, rubles, yuan, etc.; fee is estimated in the US dollar)

4. Reduction and Return of Arbitration Fee

4.1. If the claim will be withdrawn by the claimant before the carrying out of the first session of the arbitration hearings, the 75% of the Arbitration Fee will be returned to the claimant.

4.2. In the event if the Arbitral Tribunal makes a determination that the Arbitration does not have jurisdiction to settle the dispute, the Arbitration fee shall be returned to the claimant, less the amount of any expenses already incurred by the Arbitration for the settlement of the dispute.

4.3. Should another claim is filed by the claimant the Arbitration during one year, the Arbitration fee may be reduced but not more than by 10%.

4.4. All decisions concerning the Arbitration Fees shall be made by the Chairperson, the Deputy Chairperson of the Arbitration.

5. Arbitration Fee at the Counterclaim, the Claim of Set-off or other Requirements

5.1. The Regulation for the Arbitration Fees and Expenses shall be applied to any counterclaim, the claim of set-off or any other requirements of the claimant.

5.2. For the consideration of the claim for annulment of the Arbitration award and/or for the consideration of the claim about making the new Arbitration award on the terms agreed by the parties, the arbitration fee is charged at the rate of 50% of the Arbitration fee, calculated according to the Table. The Arbitration fee can not be less than the minimum amount specified in the Table.

6. Distribution of the Arbitration Fees among the Parties

6.1. If the parties have not agreed otherwise, the arbitration fees should be paid by the lost party.

If the payment by the debtor of a principal debt, interest, penalties, etc. under the contract occurred after the claim was filed, the Arbitral Tribunal have the right to award the reimbursement of expenses, including compensation of the arbitration fees and other expenses.

6.2. If the claims of the claimant are awarded in a part, the Arbitration Fees shall be paid by the respondent to the claimant proportionally to the awarded amount of the claim.

6.3. In particular circumstances, which deserve the attention legally, the Arbitral Tribunal shall have the right to split the Arbitration fees and expenses between the parties equally.

7. Coverage of Additional Expenses

7.1. The Arbitration may fix an amount, which should be paid by the parties or one of them, to cover reasonable additional expenses of the Arbitration proceedings.

Distribution of the additional expenses among the parties shall be carried out by the Chairperson, the Deputy Chairperson of the Arbitration.

7.2. The Arbitration has right to demand of the advance payment of additional expenses in the following situations:

7.2.1. If a party makes the inquiry on any necessary action and the implementation of it may require the additional arbitration expenses and the inquiry will be satisfied by the Arbitration Tribunal, the inquiring party makes an advance payment by the prescribed deadline in order to reimburse such expenses.

Should either party request the translation to any language which is not language of the arbitration proceedings of the arbitration proceedings or separate explanations of any party, its statements, the determinations and the others documents of the Arbitral Tribunal and so on, such translation costs will be paid by such requesting party.

If the parties agree to have the arbitration proceedings conducted on any language other than Russian, possible translation costs can be split equally between the parties.

The same rules apply to the translation of the Arbitration awards.

7.2.2. If the selected arbitrator resides outside of the place of the arbitration, the party which appointed of the arbitrator shall pay an advance payment for covering the expenses of the arbitrator’s participation in the arbitration proceeding (travel, accommodation etc.). In the event that the arbitrator appointed as the Chairperson of the Arbitral Tribunal, the advance payment of expenses for the Chairperson's participation in the arbitration proceedings shall be paid in equal part by each of the parties.

The parties are also obliged to cover the travel and living expenses of the other arbitrators which is participated in the proceedings.

7.3. If the respondent does not pay the additional expenses in advance when required, the claimant shall pay them, and later the Arbitral Tribunal shall distribute the amount of the additional payment between the parties.