Fees & Cost Schedules

1. Administrative Costs

    1. Registration Fee (as per Art. 4(2) of the Rules)

The non-refundable registration fee is EUR 750, VAT excluded, with this non-refundable fee covering the cost of the Secretariat’s activities as per Section 1.2 of the Organizational Regulations.

    1. Administrative Services of the BIAC Secretariat

For the administrative services of the Secretariat to be provided as per this Section 1.2 of the Organizational Regulations, the following hourly rate shall be applicable: EUR 75 per hour, VAT excluded.

Cash expenditures shall be invoiced separately at direct costs.

The costs arising from the services to be provided by the BIAC Secretariat according to this Section 1.2 shall become due and payable with the arbitral award or otherwise with any other form of termination of the proceedings and shall be part of the costs of the proceedings.

2. Fees and Costs of the Arbitral Tribunal

    1. Fees of the Arbitrator(s)

The total fees of a three member Arbitral Tribunal shall depend upon the quantum of the value of the dispute:

(a) up to EUR 25,000: 10% (ten percent) of the quantum of the value of the dispute but not less than EUR 1,250 (one thousand two hundred and fifty Euros)

(b) between EUR 25,001 and EUR 100,000: EUR 2,500 (two thousand and five hundred Euros) plus 9.5% (nine point five percent) of the value of the dispute exceeding EUR 25,000

(c) between EUR 100,001 and EUR 200,000: EUR 9,625 (nine thousand six hundred and twenty-five Euros) plus 9% (nine percent) of the quantum of the value of the dispute exceeding EUR 100,000

(d) between EUR 200,001 and EUR 500,000: EUR 18,625 (eighteen thousand six hundred and twenty-five Euros) plus 8.5% (eight point five percent) of the quantum of the value of the dispute exceeding EUR 200,000

(e) between EUR 500,001 and EUR 1,000,000: EUR 44,125 (forty-four thousand one hundred and twenty-five Euros) plus 7% (seven percent) of the quantum of the value of the dispute exceeding EUR 500,000

(f) between EUR 1,000,001 and EUR 2,500,000: EUR 79,125 (seventy-nine thousand one hundred and twenty-five Euros) plus 5% (five percent) of the quantum of the value of the dispute exceeding EUR 1,000,000

(g) between EUR 2,500,001 and EUR 5,000,000: EUR 154,125 (one hundred fifty-four thousand one hundred and twenty-five Euros) plus 2.5% (two point five percent) of the quantum of the value of the dispute exceeding EUR 2,500,000

(h) between EUR 5,000,001 and EUR 10,000,000: EUR 216,625 (two hundred sixteen thousand six hundred and twenty-five Euros) plus 1.15% (one point fifteen percent) of the quantum of the value of the dispute exceeding EUR 5,000,000

(i) over EUR 10,000,001: EUR 274,125 (two hundred and seventy-four thousand one hundred and twenty-five Euros) plus 0.5% (zero point five percent) of the quantum of the value of the dispute exceeding EUR 10,000,000

In the event that a sole arbitrator shall adjudicate the respective dispute, the above-mentioned fees shall be reduced by 50% (fifty percent).

From the due arbitrator’s or arbitrators’ fees calculated as set forth above, (i) in the event that the parties settle or agree to withdraw the arbitration request prior to the first hearing, the parties shall receive a 65% discount from the calculated due fees, and (ii) in the event that the parties settle or agree to withdraw the arbitration request prior to the last hearing the parties shall receive a 25% discount from the calculated due fees. The parties shall pay the entire due arbitrator’s or arbitrators’ fees calculated as set forth above should they settle or agree to withdraw the arbitration request after to the last hearing.

In the event that a request for arbitration shall set forth non-monetary claims, then the arbitrator’s or the arbitrators’ fees shall be calculated on an hourly basis at the rate of EUR 250 per hour for the sole arbitrator or for each arbitrator who has been appointed to the respective Arbitral Tribunal.

Any other fees agreement between the parties and the arbitrator(s), in particular if a secretary or clerk has been appointed, shall be permitted and, if practical, shall be recorded in the constituting order.

    1. Cash Expenditures of the Arbitrator(s)

Cash expenditures of the arbitrator(s) in connection with the arbitration proceedings, in particular for traveling, accommodation, catering, telecommunication, room rent, etc., shall be invoiced at direct costs.

3. Other Provisions

    1. Value added taxes

Where appropriate, value added taxes shall be taken into account.

    1. Advance Payments

An Arbitral Tribunal shall be entitled to require appropriate advance payments, in accordance with the fees schedule set forth herein, during the proceedings to cover a portion of the expected and/or accrued costs and compensations.

    1. Fees and Costs Schedule Amendment

This Fees and Costs Schedule may be amended by the Administrative Council of BIAC at any time and with immediate effect.

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