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Schedule of Fees and Costs of Arbitration


Article 1

Arbitration Fees and Costs for the International and Foreign-related Cases and Cases related to the Hong Kong Special Administrative Region, the Macao Special Administrative Region and Taiwan Region

 Schedule I 

 Amount in Dispute(AID)(RMB) Arbitration Fees and Costs(RMB)
 1,000,000 and below 3.5% of the AID, minimum 10,000
 1,000,000 to 5,000,000 (inclusive of 5,000,000) 35,000 plus 2.5% of the AID above 1,000,000

 5,000,000 to 10,000,000(inclusive of 10,000,000)

 135,000 plus 1.5% of the AID above 5,000,000 
 10,000,000 to 50,000,000 (inclusive of 50,000,000) 210,000 plus 1% of the AID above 10,000,000
 above 50,000,000 610,000 plus 0.65% of the AID above 50,000,000

 (1) This Schedule I applies to the international and foreign-related arbitration cases and those related to the Hong Kong Special Administrative Region, the Macao Special Administrative Region and Taiwan Region under Article 2, Paragraph 1(a) and (b) of the Rules.

(2) A registration fee of RMB 10,000 Yuan shall be payable upon application for arbitration, for the purposes of examining the application for arbitration, initiating the arbitration proceedings, computerizing management, filing management and correspondence. The registration fee is non-refundable.

(3) The parties shall pay the arbitration fees and costs in advance in accordance with the rates under this Schedule I for their respective claim or counterclaim. The AID referred to in this Schedule I shall be on the basis of the amount of money claimed by the parties. Where no monetary claim is specified or the amount in dispute is not clear, the amount of arbitration fee shall be determined by the SCIA in consideration of the specific rights and interests involved in the disputes.

(4) If the arbitration fee is charged in a foreign currency, an amount of the foreign currency equivalent to the corresponding RMB value specified in this schedule shall be paid.

(5) The SCIA may charge for other disbursements reasonably incurred in accordance with the relevant provisions under the Rules.

(6) The remuneration of the arbitrator(s) shall be decided by the SCIA and shall be payable by the SCIA out of the arbitration fees and costs collected by the SCIA under this Schedule I. While determining the remuneration of the arbitrator(s), the SCIA shall take into account of factors such as the time spent by the arbitrator(s) to handle the case, the  AID the complexity of the case, and the due diligence and efficiency of the arbitrator(s). The personal fee rate of any arbitrator (if any) shall only be for SCIAs reference, and is not binding on the SCIA. 

 

Article 2  Arbitration Fees and Costs for Chinese Mainland Arbitration Cases

 

Schedule II

 Schedule of Case-acceptance Fee

 Amount in Dispute (“AID)(RMB) Case-acceptance Fee (“RMB)
 1,000 and below 100

 1,000 to 50,000(inclusive of 50,000)

 100 plus 5% of the AID above 1,000
 50,000 to 100,000 (inclusive of 100,000) 2,550 plus 4% of the AID above 50,000
 100,000 to 200,000 (inclusive of 200,000) 4,550 plus 3% of the AID above 100,000
 200,000 to 500,000 (inclusive of 500,000) 7,550 plus 2% of the AID above 200,000

 500,000 to1,000,000 (inclusive of 1,000,000)

 13,550 plus 1% of the AID above 500,000
 above1,000,000 

 

 Schedule of Case-handling Fee

 Amount in Dispute(“AID)(RMB) Case-handling Fee (“RMB)
 200,000 and below 5,000
 200,000 to 500,000 (inclusive of 500,000) 5,000 plus 2% of the AID above 200,000
 500,000 to 1,000,000 (inclusive of 1,000,000) 11,000 plus 1.5% of the AID above 500,000
 1,000,000 to 3,000,000 (inclusive of 3,000,000) 18,500 plus 0.5% of the AID above 1,000,000
 3,000,000 to 6,000,000 (inclusive of 6,000,000) 28,500 plus 0.45% of the AID above 3,000,000
 6,000,000 to 10,000,000 (inclusive of 10,000,000) 42,000 plus 0.4% of the AID above 6,000,000
 10,000,000 to 20,000,000 (inclusive of 20,000,000) 58,000 plus 0.3% of the AID above 10,000,000
 20,000,000 to 40,000,000 (inclusive of 40,000,000) 88,000 plus 0.2% of the AID above 20,000,000
 Above 40,000,000 128,000 plus 0.15% of the AID above 40,000,000

 

(1) The Schedule II, adopted in accordance with the Notice of the General Office of the State Council on the Measures Regarding Arbitration Fees of Arbitration Commissions (Guo Ban Fa No.44 (1995)), apply to the arbitration cases related to Chinese Mainland disputes under Article 2, Paragraph 1(c) of the Rules, including case-acceptance fee and case-handling fee.

(2) The parties shall pay the case-acceptance fee and case-handling fee in advance in accordance with the rates under this Schedule II for their respective claim or counterclaim. The AID referred to in this Schedule II shall be on the basis of the amount of money claimed by the parties. Where no monetary claim is specified or the AID is not clear, the amount of arbitration fee shall be determined by the SCIA in consideration of the specific rights and interests involved in the disputes.

(3) The SCIA may charge for other disbursements reasonably incurred in accordance with the relevant provisions under the Rules.

(4) The remuneration of the arbitrator(s) shall be decided by the SCIA and shall be payable by the SCIA out of the arbitration fees and costs collected by the SCIA under this Schedule II. While determining the remuneration of the arbitrator(s), the SCIA shall take into account of factors such as the time spent by the arbitrator(s) to handle the case, the amount in dispute, the complexity of the case, and the due diligence and efficiency of the arbitrator(s). The personal fee rate of any arbitrator (if any) shall only be for SCIAs reference, and is not binding on the SCIA.

 

Article 3  Advance Payment of Arbitration Fees and Costs  in Installments

(1) In cases whereby a large amount of arbitration fees and costs is payable under Article 1 or 2 of this Appendix or there are special circumstances in any arbitration case, the SCIA may, at the request of the parties, agree to allow the party to make the advance payment of the arbitration fees and costs in installments, provided that:

(a) no less than one-third of the total arbitration fees and costs is paid upon request for arbitration;

(b) no less than half of the total arbitration fees and costs is paid by the time the arbitral tribunal is formed; and

(c) the total arbitration fees and costs shall be paid in full by the time of the hearing.

(2) Such installments shall not include the registration fee stipulated under Article 1 of this Appendix.

 

Article 4  Arbitration Fees and Costs in relation to Arbitral Cases Governed by UNCITRAL Arbitration Rules

As for the international and foreign-related arbitration cases and those related to the Hong Kong Special Administrative Region, the Macao Special Administrative Region and Taiwan Region governed by the UNCITRAL Arbitration Rules under Article 3,Paragraph 4 of the Rules, and for arbitral cases related to the investment disputes under Article 2 ,Paragraph 2 of the Rules, the arbitration fees and costs shall be charged by the SCIA in accordance with the SCIA  Guidelines for the Administration of Arbitration under the  UNCITRAL Arbitration Rules’” ( hereinafter, the Guidelines) as follows:

(1) Registration Fee

The registration fee shall be RMB 5,000 Yuan, which is non-refundable under any circumstance.

(2) Administrative Fee

The administrative fees shall include the costs and expenses incurred from providing the services under Article 4(1) of the Guidelines in relation to the following:

 (a) Appointment of Arbitrators (RMB)

  1 arbitrator appointed 2 arbitrators appointed 3 arbitrators appointed
 Fees payable by the parties 10,000 15,000 18,000


(b) Decision on the Challenge of Arbitrator

An amount of RMB 20,000 Yuan shall be charged for each decision on the challenge of arbitrator(s).

(c) Financial Management of Arbitration Cases

The SCIA shall charge a financial management fee, being 0.1% of the total amount of fees in custody of the SCIA. The minimum financial management fee chargeable shall be RMB 1,000 Yuan and shall be capped at a maximum of RMB 100,000 Yuan.

(d) Services under Article 4(2) of the Guidelines

The SCIA shall charge disbursements incurred from services provided by SCIA under Article 4(2) of the Guidelines or from other administrative services requested by the parties or the arbitral tribunal, which shall be charged on actual costs basis.

 

Article 5  Arbitration Fees and Costs in relation to Application of other Arbitration Rules

Schedule III

 Amount in Dispute(“AID) (RMB) Administrative Fee (“RMB)
 1,000,000 and below 1.4% of the AID, minimum 4,000
 1,000,000 to 5,000,000 (inclusive of 5,000,000) 14,000 plus 1% of the AID above 1,000,000
 5,000,000 to 10,000,000 (inclusive of 10,000,000) 54,000 plus 0.6% of the AID above 5,000,000
 10,000,000 to 50,000,000 (inclusive of 50,000,000) 84,000 plus 0.4% of the AID above10,000,000
 Above 50,000,000 244,000 plus 0.2% of the AID above 50,000,000

(1) This Schedule III shall apply if the parties agree to submit to the SCIA for arbitration in accordance with the arbitration rules other than the SCIA Rules and the UNCITRAL Arbitration Rules, and that the SCIA shall provide the administrative services for the arbitration proceedings.

(2) A registration fee of RMB 10,000 Yuan shall be payable upon application for arbitration, for the purposes of examining the application for arbitration, initiating the arbitration proceedings, computerizing management, filing management and correspondence. The registration fee is non-refundable.

(3) The parties shall pay the arbitration fees and costs in advance in accordance with the rates under this Schedule III for their respective claim or counterclaim. The AID referred to in this Schedule III shall be on the basis of the sum amount of money claimed by the parties. Where no monetary claim is specified or the amount in dispute is not clear, the amount of administrative fee shall be determined by the SCIA in consideration of the specific rights and interests involved in the disputes.

(4) If the arbitration fee is charged in a foreign currency, the foreign currency shall be payable at an amount equivalent to the corresponding amount in RMB under this Schedule III.

(5) The SCIA may charge for other disbursements reasonably incurred in accordance with the relevant provisions under the Rules.

(6) The administrative fee payable to the SCIA shall not include the remuneration of the arbitrator(s), which may be agreed upon between the parties and the arbitrator(s) concerned.

 

Article 6  Provisions as to Fees of Arbitrators Determined in accordance with the Fee Arrangements between Parties and Arbitrators

 

(1) The allocation of the fees and expenses of arbitrators determined in accordance with the fee arrangements agreed between the party or parties and the arbitrator shall be decided by arbitral tribunal pursuant to the applicable arbitration rules and the relevant provisions of this Appendix.

(2) The fees and expenses of arbitrators determined in accordance with the fee arrangements shall be reasonable in amount, taking into account the AID, the complexity of the subject-matter, the time spent by the arbitrators and any other relevant circumstances of the case. According to the above circumstances, the SCIA shall have the power to make any necessary adjustment to the fees and expenses of arbitrators, which will be binding upon the arbitral tribunal.

 

Article 7  Arbitration Fees and Costs in relation to Appointment of Emergency Arbitrator

 

Schedule IV

 Application for Interim Measures Amount Charged (“RMB)
 One single interim measure RMB 10,000
 Multiple interim measures RMB10,000+(n-1)×RMB 2,000

 (where n refers to the number of interim measures applied by the parties)

 

This Schedule IV shall apply if a party applies to the SCIA for appointment of an emergency arbitrator for the interim measure(s) under Article 24 of the Rules.





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