Rules of Arbitration Costs

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Rules on Arbitration Costs of ACIC

 

 

Article 1: The Arbitration costs are as follows:

 

1. The cost of registration of the request for arbitration;

2. The Administrative cost;

3. The Arbitrator’s Fee

 

Article 2- The cost of registration of the request for arbitration with Arbitration center of Iran Chamber of Commerce is IR.  Rials 1,000,000 in domestic arbitration and EUR 50 in international arbitration. The cost of registration shall be paid at the time of submission of the request for arbitration and is non-refundable, however, it shall be considered as part of administrative cost on account of the payer.

 

Article 3- The administrative cost in domestic arbitration shall be calculated and received in accordance with table 'A' and in international arbitration in accordance with table 'B' of the attached tables of tariffs.

 

Article 4- The Arbitrator’s fee in domestic arbitration shall be calculated and received in accordance with table 'C' and in international arbitration in accordance with table 'D' of the table of  tariffs attached to these Rules.

 

Note 1: The total fee in a three-member arbitration panel shall be divided in a ratio of 40% for the presiding arbitrator and 30% for each of the co-arbitrators of the parties.

Note 2: If the parties and the Arbitrator(s) have agreed on a lesser amount of the arbitrator’s fee it shall be applied as such.

 

Article 5- The installments and the time of payment of costs (including the advance and on account payment) shall be in accordance with the Arbitration Rules of the Arbitration Center.

 

Article 6- In the event a party refuses to pay all or part of its share of arbitration costs, the other party may pay the share of the defaulting party. While the costs have not been paid the proceedings shall be suspended.

 

Article 7- The expert’s costs in an exercise which is conducted in the course of the arbitration proceedings shall be in accordance with the tariffs of experts approved by the Judiciary.

 

Article 8- If in the course of the arbitration proceedings payment of additional costs such as expert or travel costs becomes necessary, the center shall fix such costs in accordance with custom and practice, which shall be paid by the parties in equal shares, unless otherwise is agreed by the parties or is determined by  the Arbitrator. If conduct of the arbitration requires travel abroad, costs of visa and payment of per diem allowances of the Arbitrator shall be on the parties in equal shares.

 

Article 9- The arbitration costs for the counterclaim shall be calculated and received in accordance with the attached tables.

 

Article 10- When the relief sought is non-pecuniary or determination of the value of the relief sought is not possible, the arbitrators' fee for each arbitrator is IRR 1,500,000 in domestic arbitration and EUR 1,000 in international arbitration. If the quality or quantity of the case requires a lower or a higher fee, the Secretary General shall fix a reasonable and pertinent fee with due consideration of the circumstances of the case, which fees shall be paid equally by the parties.

 

Article 11- In the event of the withdrawal of the claim or when the claim is terminated by an award on agreed terms or the case is amicably settled, the arbitration costs shall be half of the original costs, however, the Arbitration center may determine the arbitration costs on a reasonable basis and according to the stage of the proceedings and the work done which costs shall be by the parties on equal basis.

 

Article 12- The center may, taking into account the circumstances of the case and the situation of the party which pays the costs, reduce the administrative costs by 30% and any more discount on the said amount rests with the Board of Directors of the Center.

 

Article 13- The arbitration and expert costs in special cases which include legal and technical complexities, shall be determined by the center by taking into account the nature and the volume of the work.

 

Article 14- The arbitration costs in digital environment or by using virtual networks (such as the internet) are subject to these Rules and if there are extra costs necessary they shall be calculated and received by the center on the basis of current practice and usage.

 

Article 15- The arbitration costs in the cases in which the center conducts the proceedings in collaboration with other arbitration institutions, centers or legal entities or natural persons, whether Iranian or foreign, shall be calculated and received in accordance of these Rules and by taking into account the nature and the volume of the work.

 

Article 16- Unless otherwise agreed, the cost of expert in the cases which are referred for expertise settlement by the Arbitration center is the same as determined in the tariff on the experts approved by the Judiciary. The cost of mediation or conciliation referred to the Arbitration center is half of the administrative costs and the arbitrator’s fee.

 

Article 17- The distribution of the costs and responsibility for its payment by the parties or one of them will be apportioned in the arbitration award. Any arrangement between the parties will be observed as such.

Pursuant to Article 6 of the Act on Statute of the Arbitration center of Iran Chamber of Commerce (2002), these Rules on Arbitration Costs, which include 17 Articles and 2 Notes, were ratified by the Board of Directors of the Arbitration center at its session dated 23.06.1384 (12 September 2005) and were approved by the Board of Representatives of Iran Chamber of Commerce, Industries, Mines and Agriculture at its session dated 23.12.1384 (13. March 2006) and are enforceable.

A: The Administrative Costs in Domestic Arbitration

 

The Relief Sought in Iranian Rials

The Administrative Costs in Iranian Rials

up to 50,000,000 rials

1,000,000 rials

From 50,000,001 up to 250,000,000

1,000,000 rials+1.5% of the amount over 50,000,000

From 250,000,001 up to 1,000,000,000

4,000,000 rials+1% of the amount over 250,000,000

From 1,000,000,001 up to 3,000,000,000

11,500,000 rials+0.75% of the amount over 1,000,000,000

From 3,000,000,001 up to 10/000/000/000

26,500,000 rials+0.55% of the amount over 3,000,000,000

From 10/000/000/001 up to 50/000/000/000

65,000,000 rials+0.45% of the amount over 10/000/000/000

From 50/000/000/001 up to 100/000/000/000

245,000,000 rials+0.35% of the amount over 50/000/000/000

From 100/000/000/001 up to 500/000/000/000

420,000,000 rials+0.25% of the amount over 100/000/000/000

From 500/000/000/001 over ……

1/420/000/000

 

 

B: The Administrative Costs in International Arbitration   

 

The Relief Sought in Euro

The Arbitration Costs in Euro

up to 10,000 Euros

500 Euros

from 10,001

up to 50,000

3% of the amount over 10,000

from 50,001

up to 100,000

1.5% of the amount over 50,000

from 100,001

up to 1,000,000

0.7% of the amount over 100,000

from 1,000,001

up to 2,000,000

0.6% of the amount over 1,000,000

from 2,000,001

up to 4,000,000

0.5% of the amount over 2,000,000

from 4,000,001

up to 6,000,000

0.4% of the amount over 4,000,000

from 6,000,001

up to 8,000,000

0.3% of the amount over 6,000,000

from 8,000,001

up to 10,000,000

0.2% of the amount over 8,000,000

from 10,000,001 over

0.1% of the amount over 10,000,000

 

 

 

C: The Fee of the Arbitrator in Domestic Arbitration

 

The Relief Sought in Iranian Rials

The Arbitration Costs in Iranian Rials

up to 50,000,000

2,500,000

From 50,000,001 up to 250,000,000

3% of the amount over 50,000,000

from 250,000,001 up to 1,000,000,000

2% of the amount over 250,000,000

from 1,000,000,001 up to 10,000,000,000

1.5% of the amount over 1,000,000,000

from 10,000,000,001 up to 50,000,000,000

1% of the amount over 10,000,000,000

from 50,000,000,001 up to 100,000,000,000

0.5% of the amount over 50,000,000,000

from 100,000,000,001 up to 500,000,000,000

0.25% of the amount over 100,000,000,000

From 500,000,000,001 over

0.125% of the amount over 500,000,000,000

 

D: The Fee of the Arbitrator in International Arbitration

ِ

The Relief Sought in Euros

The Arbitration Costs in Euros

up to 10,000

1500

from 10,001 up to 50,000

4% of the amount over 10,000

from 50,001 up to 100,000

3% of the amount over 50,000

from 100,001 up to 500,000

2% of the amount over 100,000

from 500,001 up to 1,000,000

1.5%  of the amount over 500,000

from 1,000,001 up to 5,000,000

0.5%  of the amount over 1,000,000

from 5,000,001 up to 10,000,000

0.25%  of the amount over 5,000,000

from 10,000,001 up to 50,000,000

0.125%  of the amount over 10,000,000

From 50,000,001 over

0.0625%  of the amount over 50,000,000