Regulation on the Arbitration Centre at RSPP on fees of the arbitral tribunal
Approved by the Order of the President of the RSPP of 21 June 2018 No RP-5.
1) This Regulation defines the amount and method of payment of fees to the arbitral tribunal that has resolved a particular dispute and to the reporter who has assisted the arbitral tribunal in arbitration administered by the Arbitration Centre at the RSPP (the “Arbitration Centre”).
2) Individuals sitting on the Arbitration Centre’s bodies and other authorised individuals of the Arbitration Centre involved in arbitration administration shall be paid their fees (remuneration) from the administration fee in the amount and pursuant to the arrangements contemplated by the RSPP’s internal documents and the Arbitration Centre’s rules.
The 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.
1. If a dispute is heard by a panel of arbitrators, the fees of the arbitral tribunal shall be:
1) 50% of the arbitration fee if its amount is below or equal to RUB 113,750;
2) 45% of the arbitration fee if its amount exceeds RUB 113,750 but is below or equal to RUB 247,000;
3) 40% of the arbitration fee if its amount exceeds RUB 247,000;
2. If a dispute is heard by a sole arbitrator, the fees of the arbitral tribunal shall be:
1) 45% of the arbitration fee if its amount is below or equal to RUB 87,500;
2) 40% of the arbitration fee if its amount exceeds RUB 87,500 but is below or equal to RUB 190,000;
3) 35% of the arbitration fee if its amount exceeds RUB 190,000.
3. The amounts of the arbitration fees referred to in parts 1 - 2 of this article are net of a registration fee.
4. Under parts 1 - 2 of this article the fees of the arbitral tribunal shall be determined based on an arbitration fee net of a registration fee.
5. If an arbitration fee is partially refunded in the cases contemplated by the Regulation of the Arbitration Centre on Fees and Costs, the fees of the arbitral tribunal shall be determined based on the non-refundable part of the arbitration fee.
6. For the purposes of determination of the fees of the arbitral tribunal, the arbitration fees paid in one case in respect of the original statement of claim and the statement of counterclaim as well as the additional arbitration fee contemplated by Article 7 of the Regulation of the Arbitration Centre on Fees and Costs shall not be summed up.
1. If a dispute is heard by a sole arbitrator, the fees of the arbitral tribunal shall be allocated as follows:
1) sole arbitrator – 65%;
2) reporter – 35%.
2. If a dispute is heard by an arbitral tribunal consisting of two arbitrators, the fees of the arbitral tribunal shall be allocated as follows:
1) each arbitrator – 40% respectfully;
2) reporter – 20%.
3. If a dispute is heard by an arbitral tribunal consisting of three arbitrators, the fees of the arbitral tribunal shall be allocated as follows:
1) presiding arbitrator – 32%;
2) each arbitrator – 24% respectfully;
3) reporter – 20%.
4. If a dispute is heard by an arbitral tribunal consisting of more than three arbitrators, the fees of the arbitral tribunal shall be allocated as follows:
1) each arbitrator – an equal share from 80%;
2) reporter – 20%.
5. If one of the arbitrators is charged to act as a reporter, the reporter’s fee shall be paid to such an arbitrator.
If more than one reporter is appointed within one case, their fees shall be allocated among them in equal shares.
6. Arbitrators and reporters may agree on a different allocation of their fees among them.
1. If an arbitrator or a reporter is removed before arbitration is terminated, no fees shall be paid to such an arbitrator or reporter unless otherwise prescribed by the Chairman of the Arbitration Centre at the written request of such an arbitrator or reporter subject to facts of a case, including the scope and complexity of their functions, and subject to opinions of the other arbitrators sitting on the arbitral tribunal.
2. If arbitration is terminated before the arbitral tribunal is constituted or because the arbitration fee is not paid in full in due time, no fees shall be paid to any arbitrators or reporters.
3. No other fees apart from those contemplated by this Regulation shall be paid to any arbitrators or reporters. No arrangements between an arbitrator or a reporter and a party or another third party regarding their fees shall be allowed.
1.The fees contemplated by this Regulation shall be paid before the 15th day of each month following the quarter during which an arbitral award or order is made by which arbitration of a particular case is terminated.
2. For the purposes of this Article, any award and (or) order of an arbitral tribunal shall be deemed made when it is delivered to the Arbitration Centre in such a number of copies as contemplated by the Rules of the Arbitration Centre (the “Rules”) and signed by the arbitrators sitting on the arbitral tribunal hearing such a case.
3. For the purposes of this Article, no award and (or) order of an arbitral tribunal shall be deemed made unless all the hearing records have been delivered to the Arbitration Centre if the Rules require such records to be kept.
4. Fees shall be paid in the currency of the arbitration fee unless otherwise prescribed by foreign exchange laws of the Russian Federation or agreed between the Arbitration Centre and the payee of such fees. In relevant cases, the currency of the arbitration fee shall be converted into the currency of the fees of the arbitral tribunal at the official exchange rate of the Central Bank of the Russian Federation on the date when a bank is instructed to pay such fees.
5. Fees shall be paid as per the bank details communicated to the Arbitration Centre by the payee of such fees unless another payment arrangement is agreed with the Arbitration Centre.
This Regulation shall apply to the accrual and payment of fees in connection with any arbitration commenced after 1 August 2018.
Личный кабинет находится в разработке