Rules of Arbitration Costs
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 Centre of Iran Chamber of Commerce is IR. Rials 200,000 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 or the arbitrators 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 Centre of Arbitration.
Article 6- In the event a party refuses to pay all or part of its share of 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 Centre 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 equally be paid 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 Centre may determine the costs on a reasonable basis and according to the stage of the proceedings and the work done which fees shall be by the parties on equal basis.
Article 12- The Centre 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 Centre.
Article 13- The arbitration and expert costs in special cases which include legal and technical complexities, shall be determined by the Centre 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 Centre on the basis of current practice and usage.
Article 15- The arbitration costs in the cases in which the Centre conducts the proceedings in collaboration with other arbitration institutions, centers the or legal entities or natures persons, whether Iranian or foreign, shall be calculated and received and 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 claims which are referred for expertise settlement by the Arbitration Centre 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 Centre 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 Law on Statute of the Arbitration Centre 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 Centre at its session dated 23.06.1384 (12 September 2005) and were approved by the Board of Representatives of Iran Chamber of Commerce, Industries and Mines at its session dated 23.12.1384 (13. March 2006) and are enforceable.