Maritime Arbitration Commission at the Chamber of Commerce and Industry of the Russian Federation

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SCHEDULE OF ARBITRATION FEES AND COSTS

SCHEDULE OF ARBITRATION FEES AND COSTS

1. Amount and Payment of the Arbitration Fee

1. The arbitration fee payable by the claimant in advance at the time of filing of its statement of claim to cover expenses such as the arbitrators’ fees and costs of organization and conduct of the arbitral proceedings, including general business costs of the MAC, shall be equal to 3% of the amount of the claim, but in any case at least 45,000 rubles, if the amount of the claim is expressed in Russian rubles, or 1,500 US dollars, if the amount of the claim is expressed in a foreign currency.
2. Taking into account the complexity of the dispute to be resolved, the MAC Presidium may, if requested so by the arbitral tribunal, issue an order increasing the amount of the arbitration fee in a particular case.
3. Where the amount of claims is increased, the claimant shall pay an additional sum to cover the arbitration fee in view of the increased amount of the claim.
   Unless this requirement is complied with, no action shall be taken in response to a request to increase the amount of claims.
4. The fees due to the arbitrators, reporters, the MAC President, and members of the MAC Presidium shall be paid out of the amount of the arbitration fee and the fee payable in case of a request for interim measures of protection, and are fixed in accordance with the Schedule of Fees of the Maritime Arbitration Commission at the Chamber of Commerce and Industry of the Russian Federation.
5. If the amount of the claim is expressed in Russian rubles, the arbitration fee shall be paid in Russian rubles.
   If the amount of the claim is expressed in a foreign currency, the arbitration fee shall be paid in US dollars.
   The conversion into US dollars of another currency in which the amount of the claim is expressed shall be made at the exchange rate of the Central Bank of the Russian Federation as on the date of payment.
   The arbitration fee may, at the claimant’s request, be paid in a freely convertible currency other than US dollars or in Russian rubles, at the exchange rate of the Central Bank of the Russian Federation on the date of payment, unless this contravenes the currency regulations in effect in the Russian Federation.

2. Reduction of the Amount of the Arbitration Fee

1. If a case is examined by a sole arbitrator, the arbitration fee shall be reduced by 20% with a record thereof to be made in the award.
2. If the arbitral proceedings are terminated owing to the claimant's withdrawal of its claim or the parties’ refusal to have their case arbitrated, including due to amicable settlement of their dispute, the arbitration fee shall be reduced by 50%, provided the MAC receives an appropriate request from the claimant or from the parties before the first meeting of the arbitral tribunal, or by 25% if the proceedings are terminated at the first meeting of the arbitral tribunal without an award being made, a record thereof having to be made in the arbitrators’ decision to terminate the proceedings.
   If the arbitral tribunal has not yet been constituted, the amount of reduction of the arbitration fee shall be stated in the ruling issued by the MAC President to terminate the proceedings.
3. In the cases referred to in subparagraphs 1 and 2 of this paragraph, the relevant portion of the arbitration fee shall be returned to the claimant.

3. Apportionment of the Arbitration Fee Between the Parties

The arbitration fee shall be charged to the party against which the award is made. Where a claim is satisfied partially, the arbitration fee shall be borne by the respondent in proportion to the satisfied part of the claim and by the claimant to the dismissed part of the claim.

4. Fee Chargeable for a Request for Interim Measures of Protection

A party making a request for interim measures of protection shall pay an amount equivalent to 500 US dollars, which shall not be refundable. The fee shall be paid at the time of making of the request, in US dollars or in Russian rubles at the exchange rate of the Central Bank of the Russian Federation on the date of payment.

5. Payment of Additional Costs

1. The parties or either of the parties may be required to make an advance payment to cover additional costs, i.e. general expenses incurring in the course of the proceeding in a particular case, which are not covered by the arbitration fee, such as fees to experts and interpreters, compensation of witnesses' expenses, and so on.
2. If a party appoints as an arbitrator a person residing permanently in a place other than the place where the hearings of the arbitral tribunal are to be held, that party shall be required to make a deposit in advance to cover the costs of his participation in the arbitral proceedings (traveling expenses, accommodation, and so on). Failing deposit of the required advance, the party shall be deemed to have waived the right to appoint the arbitrator, and the MAC Presidium shall appoint an arbitrator for the party.
   If such person is elected by the arbitrators to act as the chairman of the arbitral tribunal, the advance for the costs of his participation in the arbitral proceedings shall be deposited by both parties in equal amounts. If the respondent fails to deposit its portion, the claimant shall pay it.
3. The additional costs shall be apportioned between the parties in accordance with the rules of paragraph 3 of this Schedule.

6. Expenses of the Parties

A party may request that in the event an award is made in its favor compensation of its reasonable expenses incurred in the course of the arbitral proceeding, including payment for legal services, be recovered from the other party.

7. Different Apportionment of Arbitration Fees, and Additional Costs and Expenses

Depending on the circumstances of the specific case, and provided the parties have not agreed otherwise, apportionment of the arbitration fee, additional costs, and expenses of the parties may be ordered in a way other than as specified in paragraphs 3, 5, and 6 of this Schedule.

8. Time of Payment

1. The amounts required to cover the arbitration fee, the fee in the event a request is made for interim measures of protection, and the additional costs shall be deemed paid on the date they are credited to the account of the Chamber of Commerce and Industry of the Russian Federation.
2. The costs of the bank transfer of the aforesaid amounts shall be borne by the party making the payment.

9. Application of the Schedule of Arbitration Fees and Costs

This Schedule of Arbitration Fees and Costs shall apply to cases in which statements of claim are filed after its entry into force.