Regulation on Fees and Costs

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Article 1. Scope of application

This Regulation governs the scope, amount, method of payment and allocation of fees and costs in connection with arbitration administered by the Arbitration Centre at the RSPP (the “Arbitration Centre”) and any activities carried out by the Arbitration Centre.

Article 2. Basic Terms and Definitions

1. For the purposes of this Regulation, the following terms and definitions shall be used:
1) “Arbitration Fee” means an amount payable in respect of each statement of claim filed with the Arbitration Centre and comprising the Fees of the Arbitral Tribunal and an Administration Fee;
2) “Fees of the Arbitral Tribunal” mean a part of the Arbitration Fee paid to arbitrators and reporters;
3) “Administration Fee” means a part of the Arbitration Fee covering general costs of the Arbitration Centre (for organisational, financial and other support of arbitration and development of the Arbitration Centre);
4) “Registration Fee” means a part of the Administration Fee covering costs of the Arbitration Centre arising at the initial stage of arbitration;
5) “Additional Arbitration Costs” means arbitration costs not included in the Arbitration Fee (Expenses of the Arbitral Tribunal and Procedural Costs);
6) “Expenses of the Arbitral Tribunal” mean the costs incurred by arbitrators in connection with their participation in the arbitration, including hearings, inspection and examination of written and physical evidence wherever it is located (travel, accommodation and other costs due to travel outside the place of their permanent residence);
7) “Procedural Costs” mean any special arbitration costs, including any amounts payable to experts and translators, costs incurred by witnesses, costs to hold hearings outside the rooms provided by the Arbitration Centre, costs of any procedural acts;
8) “Parties’ Costs” mean any costs incurred by parties in connection with arbitration, including fees of their representatives, business travel expenses.

2. Any other concepts and terms used in this Regulation shall apply in their meanings used in the rules of the Arbitration Centre and laws of the Russian Federation.

Article 3. Registration Fee

1. The Registration Fee shall be determined with regards to the category of the dispute.

The Registration Fee in arbitration of domestic disputes shall be twenty thousand (20,000.00) RUB and in international commercial arbitration as well as corporate arbitration to which the rules of corporate arbitration apply—thirty thousand (30,000.00) RUB.

2. If in accordance with the arbitration agreement, arbitration of internal disputes is carried out on the basis of written materials without oral hearings of the case and subject to the arbitration agreement of the parties it is possible to send all the documents and other materials relating to the arbitration by e-mail or through other electronic means without the need to use postal services, the registration fee shall be 10,000.00 (ten thousand) roubles.

3. If more than two parties participate in the arbitration, the Registration Fee shall be raised by 50% for each additional party to the arbitration.

4. The Registration Fee shall be paid by a claimant before a statement of claim is filed with the Arbitration Centre. Until the Registration Fee is paid, the statement of claim will not be processed. The Arbitration Centre is not entitled to administer the arbitration apart from informing the claimant of its obligation to pay a Registration Fee.

Article 4. Arbitration Fee

1. If the Arbitration Fee has not been paid when the statement of claim is filed with the Arbitration Centre, it shall be paid by a claimant in advance within fifteen (15) calendar days and, in the event of international commercial arbitration, within thirty (30) calendar days after receipt of notice from the Arbitration Centre on commencement the arbitration.

2. The Chairman of the Arbitration Centre may, in exceptional cases, defer, or grant the payment of the Arbitration Fee by instalments upon the claimant’s application.

3. Unless the Arbitration Fee is paid in due time, the arbitral tribunal once formed shall not proceed with the case, and the proceedings may be terminated as contemplated in the Arbitration Rules of the Arbitration Centre.

If the Arbitration Fee is paid in part, taking into account the circumstances, the arbitral tribunal may either terminate the proceedings, or proceed and make an award in respect of the claims covered by the paid part of the Arbitration Fee and terminate the proceedings in respect of the other claims.

4. The Arbitration Fee is determined depending on the category of dispute and the amount of the claim.

For domestic arbitration, the Arbitration Fee is determined in accordance with the following scale:

For international commercial arbitration, and arbitration of corporate disputes, the Arbitration Fee is determined depending on the amount of the claim in accordance with the following scale:

The Arbitration Fee described in this paragraph is specified without considering the Registration Fee determined and paid under the rules of article 3 of these Regulations and shall apply if a case is considered by a sole arbitrator; if a case is considered by a panel of arbitrators, the Arbitration Fee shall be raised by 15% for each additional arbitrator.

5. If the relief sought is expressed in a foreign currency, for the purposes of determining the amount in dispute the foreign currency shall be converted into Russian roubles at the official exchange rate of the Central Bank of the Russian Federation on the date when a statement of claim is filed with the Arbitration Centre.

6. When the party supplements the claim, the Arbitration Fee is paid in accordance with the increased amount of the claim. If the amount of a dispute is decreased, including due to the voluntary fulfillment of the obligation by the defendant or an error in the calculation, the Arbitration Fee shall not be reduced, and its allocation between the parties shall be carried out according to the rules established by this Regulation, taking into account the circumstances of the case. 

Article 5. Features of determination of the Arbitration Fee

1. In case of arbitration of a dispute arising in connection with the performance of a credit agreement or a loan agreement concluded by a credit or non-credit organization with its client and (or) in connection with the performance of a related contract of guarantee, the amount of the Arbitration Fee shall be determined by applying a reduction factor of 0.7. The maximum Arbitration Fee for arbitration of domestic disputes in a single case may not exceed 200,000 (two hundred thousand) roubles. If, together with a claim arising from a credit agreement, a loan agreement or a contract of guarantee, the statement of claim contains a related claim for foreclosure on pledged property arising from a pledge agreement, the arbitration fee shall be increased by 30% for each such additional claim.

2. If the the arbitration proceeds on the basis of written submissions of the parties, without the holding of an oral hearing, the amount of the Arbitration Fee shall be determined by applying a reduction factor of 0.7.    

3. The provisions of paragraphs 1 - 2 of this article do not apply to the Registration Fee, which shall not be reduced or increased.

If the provisions of paragraphs 1 - 2 of this Article are to be applied simultaneously, the provisions of paragraph 1 of this Article shall apply first and paragraph 2 of this Article shall apply second.

4. The rules of evaluation and payment of the Arbitration Fee established by these Regulations, including the Registration Fee, in international commercial arbitration shall also apply to the arbitration of disputes involving foreign citizens or foreign legal entities or disputes arising out of relations, which are complicated by some other foreign element, including cases where an object of civil rights is situated abroad.

5. For the performance by the Arbitration Centre of certain functions in connection with arbitration as part of single proceeding, including functions of the appointment of arbitrators, deciding questions about challenges and removals of rights of arbitrators during the conduct of arbitration by the arbitral tribunal established by the parties for the resolution of the specific dispute, without the overall  administration of the dispute is subject to the payment of 70% of the Arbitration Fee determined in accordance with the current Article less the fees of the arbitral tribunal.

6. The Chairman of the Arbitration Centre may decrease or increase the Arbitration Fee upon consultation with the arbitral tribunal based on the circumstances of the case, including the nature and complexity of the dispute, the time and costs involved in the arbitration. 

Article 6. Refund of Arbitration Fee

1. The Arbitration Fee, including the Registration Fee, shall be refunded if a paid for statement of claim is not received by the Arbitration Centre.

2. The Arbitration Fee except for 50% of the Registration Fee shall be refunded, if a statement of claim is returned to the claimant in circumstances where the claimant withdraws from the statement of claim prior to the commencement of the arbitration.

3. The Arbitration Fee, except for the Registration Fee, shall be refunded if:
1) a claim is returned for the reason contemplated by Article 9 (6) of the Arbitration Rules of the Arbitration Centre at the RSPP;
2) a counterclaim is returned for the reason contemplated by Article 12 (6) of the Arbitration Rules of the Arbitration Centre at the RSPP.

4. Part of the Arbitration Fee equal to 30% of its total amount, except the Registration Fee, is subject to refund if:
1) no more than one oral hearing has been conducted in the case and the arbitration is terminated because the parties have entered into a settlement agreement, an arbitral tribunal has accepted the claimant’s withdrawal of its claim or the parties have agreed to terminate the arbitration;
2) if the arbitral tribunal issues an order that it has no jurisdiction over the dispute.

5. Partial refund of the Arbitration Fee contemplated by paragraph 4 of this Article shall not apply if the arbitration is terminated for the reasons specified therein only with respect to some of the claims.

6. If the Arbitration Fee is paid in a larger amount than required, the excess part of the Arbitration Fee shall be refunded.

7. The arbitral tribunal and, before it is constituted and in other cases contemplated by the Arbitration Rules of the Arbitration Centre, the Chairman of the Arbitration Centre shall make an order to refund an Arbitration Fee fully or in part.

8. Unless expressly provided by this Regulation, neither the Registration Fee nor the Arbitration Fee shall be reduced or refunded. 

Article 7. Additional Arbitration Fee

1. The Chairman of the Arbitration Centre may set the amount and payment mechanics of the Additional Arbitration Fee, when parties file an application with the Arbitration Centre after termination of arbitration on any matter that requires the arbitral tribunal to take further actions as part of proceedings, in particular, to remove grounds for setting aside an arbitral award or for refusal of its enforcement, approval of a settlement agreement by mutual consent of parties on agreed terms by an award substituting an earlier arbitral award, procedural succession, reimbursement of party’s costs.

2. The Additional Arbitration Fee shall be determined subject to the complexity of the matter in question and time required to resolve it and any other relevant circumstances, however, it may not exceed the original amount of the Arbitration Fee.

3. Unless parties have agreed otherwise, the Additional Arbitration Fee shall be paid by the party filing the application referred to in paragraph 1 of this Article and in the event of joint filing—by the parties in equal shares.

4. Until the Additional Arbitration Fee is paid, the Arbitration Centre is entitled not to administer the arbitration and the application referred to in paragraph 1 of this Article shall be left without action.

Article 8. Payment of Additional Arbitration Costs

1. The Additional Arbitration Costs shall be paid by a party performing the act or requesting the act that gives rise to such costs and where the act is done or sought to be done jointly and in other cases – by the parties in equal shares.

2. The Expenses of the Arbitral Tribunal shall be paid through the Arbitration Centre. The Procedural Costs may be paid by the parties directly or through the Arbitration Centre.

3. The amount and procedures of payment of the Additional Arbitration Costs shall be determined by the Chairman of the Arbitration Centre subject to a written request from the arbitral tribunal or by agreement with it. Any procedural action may be made conditional on payment of the Additional Arbitration Costs.

4. The unused part of an advance to cover Additional Arbitration Costs shall be refunded to the party that has paid it.

5. Removal of an arbitrator before the conclusion of the arbitration shall not release the parties from payment of the costs incurred by such an arbitrator.

Article 9. Payment and Refund of Arbitration Fees and Advances to Cover Additional Arbitration Costs

1. The Arbitration Fees and advances to cover Additional Arbitration Costs shall be paid by remitting funds to a bank account opened for the Arbitration Centre.

2. The Arbitration Fees and advances to cover Additional Arbitration Costs shall be deemed paid from the date when funds are received in such a bank account.

3. Any costs arising from the payment of an Arbitration Fee and advances to cover Additional Arbitration Costs shall be paid by the party making the relevant payment.

4. The Arbitration Fees and advances to cover Additional Arbitration Costs shall be paid in Russian roubles. Subject to agreement with the Arbitration Centre, an Arbitration Fee and advances to cover Additional Arbitration Costs may be paid in US dollars or Euro save as otherwise provided by foreign exchange laws of the Russian Federation while Russian roubles shall be converted into a foreign currency according to the official exchange rate of the Central Bank of the Russian Federation as of the date when a bank is instructed to make payment.

5. At the request of a party, any other person may fulfil such a duty to pay an Arbitration Fee and (or) Additional Arbitration Costs for such a party. On the proposal of the arbitral tribunal or the Arbitration Centre, any person participating in the arbitration may fulfil the obligation to pay the Arbitration Fee and (or) Additional Arbitration Costs for a party. Fulfilment of a duty to pay the Arbitration Fee and (or) Additional Arbitration Costs by another person for a party implies such person's consent that:
1) such payment shall be deemed made directly by a party;
2) a party directly acquires rights and obligations in connection with such payment;
3) any money paid and (or) allocated shall be refunded fully or in part only at the request of the party.

6. The Arbitration Fees and an advance to cover the Additional Arbitration Costs or their relevant part shall be refunded by the Arbitration Centre on the basis of an original request of a party made to the Arbitration Centre, specifying reasons for the refund and bank details for making the refund. Such a request must be signed by an individual authorized to deal with the party’s funds, enclosing documents evidencing such authority.

Article 10. Allocation of Arbitration Fees and Additional Arbitration Costs

1. Any Arbitration Fees and Additional Arbitration Costs shall be paid by the party against which an arbitral award is issued.

2. If relief is granted partially:
1) the Arbitration Fee shall be paid by the respondent in the amount that the claimant would have paid for filing its statement of claim with the Arbitration Centre, that claimed an amount which is equal to the relief actually granted by the arbitral tribunal, while the rest of the amount shall be paid by the claimant;
2) any Additional Arbitration Costs shall be allocated between the parties pro rata to any relief granted and denied.

3. Save as otherwise provided by this Regulation, any Arbitration Fees and Additional Arbitration Costs shall be paid by a claimant if the arbitration is concluded by the issuing of an award.

4. If after the arbitration is commenced a respondent voluntarily satisfies claims made against it as a result of which a claimant abandons its claim or an arbitral tribunal denies the relief sought, the Arbitration Fee and Additional Arbitration Costs shall be paid by the respondent.

5. If a party breaches any pretrial or other amicable dispute resolution procedures as contemplated by law or contract, the arbitral tribunal may order such a party to pay the Arbitration Fee and Additional Arbitration Costs irrespective of the outcome of the proceedings.

6. The Additional Arbitration Fees contemplated by Article 7 of this Regulation shall be allocated in the sole discretion of the arbitral tribunal subject to the facts of a case and the general rules stipulated by this Article.

7. Parties may agree on the allocation of the Arbitration Fees and Additional Arbitration Costs.

Article 11. Allocation of Parties’ Costs

1. The party that has obtained an arbitral award in its favour may request an order that the other party reimburse its costs.

2. An arbitral tribunal may satisfy a party’s request for reimbursement of its costs fully or in part provided that they are reasonable subject to the facts of a case.

3. Parties may agree on the allocation of their expenses.

Article 12. Special Procedures for Allocation of Arbitration Fees, Additional Arbitration Costs and Parties’ Costs

1. Taking into consideration facts of a case, an arbitral tribunal may order a different allocation of the Arbitration Fee, Additional Arbitration Costs and Parties’ Costs than contemplated by Articles 10 and 11 of this Regulation.

2. An arbitral tribunal may order in favour of one of the parties any excessively incurred costs caused by inadvisable or unscrupulous conduct of the other party, including the conduct that has given rise to an unjustified delay of arbitration.

Article 13. Disputes between Parties

Any dispute between the parties regarding the Arbitration Fee, Additional Arbitration Costs or Parties’ Costs shall be resolved by an arbitral tribunal and before it is constituted — by the Chairman of the Arbitration Centre.

Article 14. Application of the Regulation to Counter Suits

 This Regulation shall apply to a counterclaim in the same way as it applies to a claim.

Article 15. Effect of the Regulation

This Regulation shall apply to any arbitration commenced after 1 January 2022.
 
* In case of inconsistency between the Russian language text and the English language text, the Russian version shall prevail, and the interpretation must be carried out primarily on the basis of the Russian version of the text.