ECDR RULES ON COSTS OF ARBITRATION PROCEDURE

 

Article 1

These rules regulate costs and fees in arbitration procedure with administrative support of ECDR and terms of payment of such costs and fees.

 

Article 2

Costs of dispute resolution in arbitration are:

a)    administrative costs of ECDR

b)    experts’ fees

c)    travel expenses of experts

d)    costs for taking evidence

 

Article 3

 

Administrative costs, determined in these rules, cover costs of ECDR in individual arbitration procedure, namely:

-        advice on the selection of the arbitration procedure,

-        obtaining the consent of the counterparty to participate in the proceedings, where appropriate

-        help in appointing experts,

-        organization of the procedural steps in the procedure,

-        all tasks related to obtaining and delivering pleadings and other materials to the parties and experts,

-        organization of oral hearings when needed,

-        to provide facilities for the procedure at the premises of ECDR,

-        communication between ECDR, experts and parties,

-        management of the appropriate file in the dispute,

-        issuing invoices for services and costs,

-        other tasks within the competence of ECDR.

 

Article 4

Unless otherwise agreed, the amount and method of payment of administrative costs is determined by these rules.

Regardless of the value of claim, administrative costs of arbitration procedure in domestic disputes at ECDR amount to 250 EUR, and in international disputes the administrative costs amount to 500 EUR.

In the procedure with more than two parties, administrative costs increase for 10 % per every additional party.

Payment of administrative costs, together with a request for arbitration procedure is a procedural precondition for the procedure to be started by ECDR or experts.

Paid administrative costs of ECDR are non-refundable.

 

Article 5

Experts’ fees in arbitration procedure are uniform and determined in accordance with the value of the claim. If the value of the claim is not defined by the party or, if the value of the claim does not correspond to the claim or, if the counterparty does not agree with specified value of the claim, ECDR defines it in its sole discretion. In case of claim and counterclaim, the value of the claim shall be determined by adding individual values of both claims.

Expert’s fee is determined for individual party of the dispute. The total expert’s fee is calculated by multiplying the amount of the fee per party with the number of parties in dispute.

If the parties agree that the procedure will be led by the arbitral tribunal, the tariff for expert’s fee applies for each arbitrator individually. The total amount of experts’ fees in arbitral tribunal is divided among experts in a way that the president of the arbitral tribunal is entitled to 10% higher fee than the two members of the arbitral tribunal.

If the same person leads med-arb procedure as a mediator and as an arbitrator, and procedure continues as arbitration before the mediation agreement is issued, mediator’s fee is calculated in accordance with ECDR rules on costs of mediation procedure. The arbitrator’s fee as defined in the tariff of these rules shall be reduced by 33%.

All parties are obliged to pay expert’s fees, upon the invoice issued by ECDR, within three days before the start of the selected procedure of dispute resolution.

 

Article 6

The tariff for expert’s fees in disputes is, as follows:

 

VALUE OF THE DISPUTE:                                          FEE FOR ONE EXPERT

Up to 5.000                                                                              600

From including 5.000 up to 15.000                                                900

From including 15.000 up to 25.000                                           1.200

From including 25.000 up to 50.000                                           1.700

From including 50.000 up to 100.000                                         2.100

From including 25.000 up to 50.000                                           3.000

From including 100.000 up to 1.000.000                                    4.600

From including 1.000.000 up to 5.000.000                                 8.400

Over 5.000.000                                                                        in the amount agreed between ECDR, expert and parties

 

In labor disputes value of the claim is defined by the party, but in disputes regarding cancellation or termination of contract of employment specified value cannot be less than 5.000 EUR. 

In case of international or cross-border disputes fees defined in tariff increase by 20%.

In case of particularly complex and professionally challenging work, the amount of the fee may be increased by up to 100%. The decision on particularly complex and professionally challenging work is taken by ECDR in agreement with expert, before the start of the arbitration proceeding.

 

Article 7

The expert’s fee covers studying of documentation, time spend on preparation for the proceeding and conduct of the proceeding, the usual travel expenses, writing an agreement or arbitration award, if needed and other procedural tasks for which the expert is authorized.

 

Article 8

ECDR can in particularly justified cases, on expert’s proposal, authorize reimbursement of travel expenses in excess of the usual travel expenses. Unless otherwise agreed, in such case each party pays hall of these costs.

 

Article 9

Costs of taking evidence are costs of witnesses, experts, translation, interpretation and other necessary expenses of taking evidence. These costs are charged separately and are not included in the payment of administrative costs.

Unless otherwise agreed, the costs for taking evidence are paid in equal shares by parties upon the invoice issued by ECDR.

 

Article 10

All of the charged administrative costs and fees are regularly noted in the bill of costs, which is an integral part of each case file, administered by ECDR.

 

Article 11

Prices of services defined by these rules do not include VAT.