Arbitration at the Moscow CCI

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115088 Moscow, Russian Federation
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ARBITRATION AT THE MOSCOW CHAMBER OF COMMERCE AND INDUSTRY
              
Exhibit to the Rules of the Arbitration of the Moscow Chamber of Commerce and Industry
the Order of the President of the Moscow CCI
dated 20.07.2012 № 20
 
 
SCHEDULE OF ARBITRATION COSTS
 
Article1. Structure of arbitration costs
1.                             Arbitration costs shall include an arbitration fee and additional costs related to resolution of a dispute by the Arbitration. 
2.                             Arbitration fee is a fee charged on organizations and natural persons when they file a claim with the Arbitration. The arbitration fee consists of a registration fee and an arbitrator’s fee. Registration fee shall be charged to cover the costs in connection with commencement of arbitral proceedings. An arbitrator’s fee shall be charged for payment of remuneration to the arbitrators and reimbursement of costs for organizational, logistic and any other support of the arbitral proceedings.   
3.                             Additional costs related to resolution of a dispute in the Arbitration shall include:
1) amounts payable to arbitrators in connection with their participation in the arbitral proceedings, including the costs for payment of their travel expenses to the place of dispute examination;
2) amounts payable to experts and interpreters;
3) costs incurred by the arbitrators in connection with inspection and examination of written and material evidence on site;
4) costs for payment for the services of the parties’ representatives;
5) other costs determined by the arbitral tribunal.
4.                             Structure of arbitration costs related to resolution of a specific dispute shall be determined in accordance with the Rules of the Arbitration and this Schedule.
 
 
Article 2. Procedure of payment of arbitration costs
 
1.                             The arbitration fee shall be paid by the claimant in full prior to filing a statement of claim.
 The arbitration fee shall be paid:
1)     under disputes between Russian organizations and natural persons – in Russian Rubles;
2) under disputes with participation of foreign organizations and natural persons – in US Dollars.
Under disputes with participation of foreign organizations and natural persons the arbitration fee may be paid in a different currency, including Russian Rubles, at the official exchange rate of the respective currency fixed by the Central Bank of Russian Federation as of the date of payment.
2.                             Additional costs related to dispute resolution shall be paid by the parties to the arbitral proceedings according to the procedure established by Article 8 of this Schedule.
3.                             Arbitration costs shall be paid by transfer of respective amounts to the account of the Moscow Chamber of Commerce and Industry. The amounts transferred as payment for the arbitration costs shall be deemed paid as of the date of their crediting to the mentioned account.

Article 3. Arbitration fee
 
1.                             The arbitration fee shall be calculated by adding up the amount of the registration fee and arbitrator’s fee (Article 4 and 5 of this Schedule, respectively).
2.                             When calculating the arbitration fee, the payable amount shall be rounded up to integer values (Russian Ruble, US Dollar, etc.). 
 
Article 4. Registration fee
 
1. The registration fee amounts to:
1) under disputes between Russian organizations and natural persons – 15 000 Russian Rubles;
2) under disputes with participation of foreign entities – 500 USD.
Under disputes with a value of claim not exceeding 100 000 Russian Rubles or not exceeding the amount equivalent to 100 000 Russian Rubles at the official exchange rate of the respective currency at  the date of filing the claim, if the value of the claim is denominated in foreign currency, the registration fee shall not be charged. 
2. The registration fee is non-refundable.
 
Article 5. Arbitrator’s fee
1.                             The arbitrator’s fee shall be calculated by adding up the remuneration fee and administrative fee which are determined on the basis of the value of a claim in accordance with the following rates, save for the cases provided for by para.2 of this Article:
1) under disputes between Russian organizations and natural persons:
Value of the claim
(Russian Rubles)
Remuneration fee
(Russian rubles)
Administrative fee
(Russian Rubles)
from 100 001 up to 300 000 8 750 + 7%
on the amount over 100 000
16 250 + 13%
on the amount over 100 000
from 300 001 up to 1 500 000 22 750 + 2,8%
on the amount over 300 000
42 250 + 5,2%
on the amount over 300 000
from 1 500 001 up to 3 000 000 56 350 + 2,38%
on the amount over 1 500 000
104 650 + 4,42%
on the amount over 1 500 000
from 3 000 001 up to 6 000 000 92 050 + 1,4%
on the amount over 3 000 000
170 950 + 2,6%
on the amount over 3 000 000
from 6 000 001 up to 15 000 000 134 050 + 0,595%
on the amount over 6 000 000
248 950 + 1,105%
on the amount over 6 000 000
from 15 000 001 up to 30 000 000 187 600 + 0,385%
on the amount over 15 000 000
348 400 + 0,715%
on the amount over 15 000 000
from 30 000 001 up to 60 000 000 245 350 + 0,175%
on the amount over 30 000 000
455 650 + 0,52%
on the amount over 30 000 000
from 60 000 001 up to 150 000 000 329 350 + 0,175%
on the amount over 60 000 000
611 650 + 0,325%
on the amount over 60 000 000
from 150 000 001 up to 300 000 000 486 850 + 0,14%
on the amount over 150 000 000
904 150 + 0,26%
on the amount over 150 000 000
over 300 000 000 696 850 + 0,035%
on the amount over 300 000 000
1 294 150 + 0,065%
on the amount over 300 000 000
2) under disputes with participation of foreign organizations and natural persons:
Value of the claim
(USD)
Remuneration fee
(USD)
Administrative fee (USD)
from 3 001 up to 10 000 770 + 1%
on the amount over 3 000
1 430 + 2%
on the amount over 3 000
from 10 001 up to 50 000 770 + 2,975%
on the amount over 10 000
1 430 + 5,525%
on the amount over 10 000
from 50 001 up to 100 000 1 960 + 2,45%
on the amount over 50 000
3 640 + 4,55%
on the amount over 50 000
from 100 001 up to 200 000 3 185 + 1,575%
on the amount over 100 000
5 915 + 2,925%
on the amount over 100 000
from 200 001 up to 500 000 4 760 + 0,735%
on the amount over 200 000
8 840 + 1,365%
on the amount over 200 000
from 500 001 up to 1 000 000 6 965 + 0,385%
on the amount over 500 000
12 935 + 0,715%
on the amount over 500 000
от 1 000 001 до 2 000 000 8 890 + 0,28%
on the amount over 1 000 000
16 510 + 0,52%
on the amount over 1 000 000
from 2 000 001 up to 5 000 000 11 690 + 0,175%
on the amount over 2 000 000
21 710 + 0,325%
on the amount over 2 000 000
from 5 000 001 up to 10 000 000 16 940 + 0,14%
on the amount over 5 000 000
31 460 + 0,26%
on the amount over 5 000 000
over 10 000 000 23 940 + 0,035%
on the amount over 10 000 000
44 460 + 0,065%
on the amount over 10 000 000
 
2.                             If the value of the claim does not exceed 100 000 Russian Rubles the arbitrator’s fee shall make up 18 000 Rubles.
If the value of the claim does not exceed 3 000 USD or the amount equivalent to 3 000 USD at the official exchange rate of the respective currency fixed by the Central Bank of the Russian Federation at the date of filing the statement of claim, if the value of the claim is denominated in foreign currency, the arbitrator’s fee shall be 800 USD. 
3.                             In case if a dispute is to be resolved by a sole arbitrator, the amount of the arbitrator’s fee calculated in accordance with para.1 of this Article shall be reduced by 30%. 
 
Article 6. Changing the amount of the arbitrator’s fee
 
1.                             Amount of the arbitrator’s fee shall be increased in case if the claimant extends the amount of its claims. The amount of the arbitrator’s fee which should be additionally paid shall be determined in accordance with Article 5 of this Schedule basing on the value of the claim with regard to its extension.   
2.                             The arbitral tribunal may increase the amount of the arbitrator’s fee:
1) by the amount of up to 20% of the payable arbitrator’s fee – in case of adjournment of dispute resolution, if the arbitral tribunal finds that the dispute may not be  resolved due to non-appearance of the parties to the arbitral proceedings in the arbitration hearing or as a result of other actions (omissions) of the parties, as well as in case of satisfaction of the request of a party for adjournment of dispute resolution;
2) by the amount of up to 50% of the payable arbitrator’s fee – in case of recognition by the arbitral tribunal of a special legal or factual complexity of the dispute. 
3.                             The arbitral tribunal, and prior to formation of the arbitral tribunal – the Presidium of the Arbitration – may reduce the amount of the arbitrator’s fee at the request of a party to the arbitral proceedings or on its own initiative.
 
Article 7. Refund of the arbitrator’s fee
 
1.                             The paid arbitrator’s fee shall be refunded:
1) in full – in case of return of the statement of claim to the claimant before
commencement of the arbitral proceedings;
2) in the amount of 80% – in case of termination of the arbitral proceedings prior to referral of the dispute to the arbitral tribunal;
3) in the amount of 60%  –  in case of termination of the arbitral proceedings after referral of the dispute to the arbitral tribunal but prior to the first arbitration hearing;
4) in the amount of 40% – in case of termination of the arbitral proceedings in connection with a ruling of the arbitral tribunal on the lack of jurisdiction to examine the dispute referred for its examination;
5) in the amount of 20% – in case of termination of the arbitral proceedings in the first arbitration hearing without rendering any award or ruling on the lack of jurisdiction of the arbitral tribunal to examine the dispute referred for its examination.
2.                             The issue concerning the refund of the paid arbitrator’s fee shall be resolved by the arbitral tribunal and prior to formation of the arbitral tribunal – by the Chairman of the Arbitration, on the basis of the application of either party to the arbitral proceedings. 
 
Article 8. Additional costs
 
1.                             Additional costs related to dispute resolution, save for the costs mentioned in subpara.4 para.3 Art.1 of this Schedule, shall be paid according to the procedure determined by the arbitral tribunal by agreement with the parties to the arbitral proceedings, unless the parties have agreed otherwise and unless otherwise provided for by this Schedule.
2.                             The arbitral tribunal may oblige the parties to the arbitral proceedings or any of them to pay an advance on costs (advance payment) to cover additional costs related to dispute resolution in the amount and within time periods established by the arbitral tribunal. The amounts required to cover the costs which may arise in connection with a request lodged by either party for conducting expert examination or making any other actions in connection with dispute resolution shall be paid by the party which lodged the respective request. If such request was lodged by both parties, the required amounts shall be paid by them in equal proportion. In case if the mentioned amounts are not paid in within the established time limits, the arbitral tribunal shall be entitled to dismiss the request lodged by the party.
3.                             If either party has appointed as an arbitrator a person residing outside the place of the arbitral proceedings, such party shall, at the request of the Arbitration, make an advance payment on costs of such person related to his/her participation in the arbitral proceedings (subpara.1 para.3 Art.1 of this Schedule). If the person appointed as arbitrator performs the functions of the presiding arbitrator (sole arbitrator), advance on costs for such person in connection with his/her participation in the arbitral proceedings shall be paid by the parties in equal proportion, and subject to the respondent’s failure to pay its respective part – by the claimant. If a party has not paid the advance on costs of a person to be appointed as arbitrator (reserve arbitrator) within the established time period, the appointment shall be made by the Chairman of the Arbitration in accordance with para. 2 Art.18 of the Rules of the Arbitration.  
4.                             The party in which favour the award was rendered may request the arbitral tribunal to order the other party to reimburse it for the costs it incurred in connection with payment for the services of a legal representative.
 
Article 9. Arbitration costs in case of a counterclaim
 
1.                             Payment of the arbitration fee in case of filing a counterclaim as well as payment of all other arbitration costs related to examination of the counterclaim shall be effected under the rules provided for by this Schedule. 
2.                             The arbitration fee under the counterclaim shall be calculated based on the rates in effect as of the date of filing the initial claim.
 
Article10. Final provisions
 
1.                             This Schedule is an integral part of the Rules of the Arbitration.
2.                             In part not governed by this Schedule the rules on arbitration costs shall be determined in accordance with Article 25 of the Rules.

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