Approved by
Resolution of the Supervisory
Board of the International Court
of Arbitration in Affiliation with
the Chamber of Commerce and Industry
of the Kyrgyz Republic
dated of January 15, 2004
REGULATION
on Arbitration Fees and Costs of the International
Court of Arbitration in Affiliation with the Chamber
of Commerce and Industry of the Kyrgyz Republic
1. Definitions
2. Registration Fee
3. Arbitration Fee
4. Diminution of the Arbitration Fee
5. Arbitration Fee in Respect of Counterclaim or Set -Off Claim
6. Apportionment of Arbitration Fee
7. Covering of Additional Costs of the ICA CCI
8. Procedure for Payment of Arbitration Costs and Fees
9. Expenses of the Parties
10. Specific Apportionment of Arbitration Costs and Fees
1.1. "Registration fee" shall mean a fee paid at the time of filing a statement of claim or request for the security of a claim with the ICA CCI to cover expenses arising prior to institution of the arbitral proceedings.
1.2. "Arbitration fee" shall mean a fee charged in respect of each claim filed with the ICA CCI to cover general expenses connected with the work of the ICA CCI, arbiters, expenses on organization of the arbitral proceedings.
1.3. "Additional costs of the ICA CCI" shall mean specific expenses incurred by the CA CCI in connection with examination of a particular case (expenses of conducting expert examination and preparing translations, remuneration of experts, interpreters, compensation of witnesses' expenses, reimbursement of traveling expenses, etc.).
1.4. "Expenses of the parties" shall mean expenses, incurred by the parties in defending their interest when the case proceeds in the ICA CCI.
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2. Registration Fee
2.1. Where the amount in dispute is up to 5000 US dollars, the registration fee shall be paid in sum, equivalent to 25 US dollars, where the amount in dispute is from 5000 to 10000 US dollars - in sum equivalent to 50 US dollars, where the amount in dispute is from 10000 US dollars - in sum equivalent to 500 US dollars at exchange rate of the National Bank of the Kyrgyz Republic at the date of payment of the registration fee. When the arbitration fee is subsequently paid, the registration fee shall be counted towards the sum of the arbitration fee.
2.2. The registration fee is not refundable.
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3.1. The arbitration fee shall be calculated in sum equivalent to US dollars at exchange rate of the National Bank of the Kyrgyz Republic at the date of the payment of the arbitration fee according to the following scale:
Claim amount, US $ Arbitration fee
Up to 1000 5%
from 1001 up to 5000 50 + 4 % on the amount above 1000
from 5001 up to 10000 210 + 3 % on the amount above 5000
from 10001 up to 50000 360 + 2 % on the amount above 10000
from 50001 up to 100000 1160 + 1,5 % on the amount above 50000
from 100001 up to 200000 1910 + 1 % on the amount above 100000
from 200001 up to 500000 2910 + 0,9 % on the amount above 200000
from 500001 up to 1000000 5610 + 0,8 % on the amount above 500000
from 1000001 up to 2000000 9610 + 0,7 % on the amount above 1000000
from 2000001 up to 5000000 16610 + 0,6 % on the amount above 2000000
from 5000000 34640 + 0,5 % on the amount above 5000000
3.2. From the claims on disputes, arising from the change, denouncement of an agreement, on disputes concerning declaration of transactions as invalid as well as from applications on declaration of the right to fulfill the duties in kind (in nature), the arbitration fee shall be levied in the amount of 1000 som.
3.3. Taking into account the complexity of the case and time consuming efforts which result in substantially increased costs related to the arbitral proceedings, the Chairman of the ICA CCI shall entitle to raise the amount of the arbitration fee.
3.4. The fees of arbitrators and the Chairman (Deputy Chairman) of the ICA CCI shall be set in accordance with the Regulations for arbitration fees and costs of the International Court of Arbitration in affiliation with Chamber of Commerce and Industry of the Kyrgyz Republic.
3.5. The arbitration fee shall be paid in advance.
3.6. The arbitration fee shall be paid in Kyrgyz soms , if the claim amount is expressed in the currency of Kyrgyz Republic . When the claim amount is recalculated in USD, the use shall be made of the exchange rate of the National Bank of the Kyrgyz Republic as of the date of the claim. At the claimant's option the arbitration fee may be paid by him in USD, unless otherwise provided by the currency regulations in force.
3.7. The arbitral fee shall be paid in USD, if the claim amount is expressed in any foreign currency. When the claim amount is recalculated in USD, the use shall be made of the current exchange rate of the National Bank of the Kyrgyz Republic as of the date of the claim.
3.8. The claimant may, at his request, be allowed to pay the arbitration fee in any hard currency other than USD.
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4. Diminution of the Arbitration Fee
4.1. The arbitration fee shall be diminished by 30 %, where the case is considered by a sole arbitrator.
4.2. Where the claimant withdraws his claim before the notice of the hearing is sent to him, the arbitration fee shall be diminished to 75%.
4.3. Where the claimant withdraws his claim after the notice of the hearing is sent to him but before the date of the first hearing, particularly owing to the parties having settled the dispute amicably, as well as in other instances of the ICA CCI receiving, before the above-mentioned date, notification of the parties' refusal to have their dispute examined by the ICA CCI, the arbitration fee shall be diminished by 50%.
4.4. Where owing to the circumstances mentioned in sub-item 4.3 the proceedings are terminated at the first hearing without an award being made, the arbitration fee shall be diminished by 25%.
4.5. In instances stipulated by sub-items 1 through 4, the direction concerning diminution of the arbitration amount shall be made in the award or in the order terminating the proceedings. Where the proceedings are terminated before the formation of an arbitral tribunal the decision to diminish the arbitration fee shall be made by the Chairman of the ICA CCI.
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5. Arbitration Fee in Respect of Counterclaim or Set-Off Claim
5.1. The rules as to the arbitration fee relating to the principal claim shall also apply to a counterclaim and for a set-off claim.
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6. Apportionment Of Arbitration Fee
6.1. Unless otherwise agreed by the parties, the arbitration fee shall be borne by the losing party.
6.2. Where the claim is satisfied partially, the arbitration fee shall be borne by the defendant in proportion to the satisfied amount of the claim and by the claimant in proportion to the dismissed part of the claim.
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7. Covering of Additional Costs of the ICA CCI
7.1. The ICA CCI may demand from the parties or either of them that an advance sum be deposited to cover additional costs of the ICA CCI in connection with the conduct of the arbitral proceedings.
7.2. An advance sum to cover additional costs may, in particular, be demanded by the ICA CCI from the party requesting that an act which may cause additional costs should be done in conduct of the proceedings if the court finds the request justified. The ICA CCI may gear the doing of such acts to payment by that party of the advance sum to cover additional costs within the specified period.
7.3. If the defendant fails to pay the relevant advance within the specified term, the payment of such advance shall be effected by the claimant.
7.4. If a party chooses an arbitrator permanently resident outside the place of holding the ICA CCI hearings, the party who elected him shall deposit an advance sum to cover his expenses on participation in the arbitral proceedings (traveling, accommodation, etc.). If such a person is elected the chairman of the arbitral tribunal, the advance sum to cover his expenses on participation in the arbitral proceedings shall be deposited by both parties in equal shares.
7.5. If, at any party's request, in the course of arbitral proceedings the participation of an interpreter is necessary, the additional costs in this connection shall be charged in order, established in item 7.2 of the present Regulations.
7.6. If the hearing, as agreed by the parties, is conducted in the language other than Russian, the likely costs of the translation may be charged on both parties in equal shares.
7.7. All additional costs of the ICA CCI shall be appointed among the parties in accordance with the rules of item 6 of the present Regulations.
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8. Procedure for Payment of Arbitration Costs and Fees
8.1. The arbitration costs and fees due to the ICA CCI shall be deemed to be paid to the date they are entered to the account or in the cash of the ICA CCI.
8.2. All expenses connected with bank transfer of sums of the arbitration costs and fees paid to the ICA CCI shall be borne by the party who effects the relevant payment.
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9.1. The winning party may demand that the other party be obliged to reimburse his reasonable expenses incurred in connection with the arbitral proceedings and, in particular, the expenses connected with defending his interest through legal representatives.
10. Specific Apportionment of Arbitration Costs and Fees
10.1. Taking into account the circumstances of a particular case the ICA CCI may establish other appointment among the parties of the arbitration fee, additional costs of the ICA CCI and expenses of the parties than specified in items 6, 7, and 9 of the present Regulations, and, in particular, direct that a party reimburse the other party's unnecessary expenses caused by the former's acts which are in inappropriate or in bad faith, including acts causing an unjustified delay in the proceedings.
10.2. At making of the final award the arbitral tribunal shall point the sum of arbitration fees and costs in the case and their apportionment among the parties.