Panel of Mediators in Conciliation Proceedings at the Chamber of Commerce and Industry of the Russian Federation

SCHEDULE OF MEDIATION FEES AND COSTS OF THE PANEL OF MEDIATORS AT THE CHAMBER OF COMMERCE AND INDUSTRY OF THE RUSSIAN FEDERATION

The Chamber of Commerce and Industry of the Russian Federation

Annex 1
to the Rules of Mediation
Conducted through a Mediator

SCHEDULE
OF MEDIATION FEES AND COSTS
OF THE PANEL OF MEDIATORS
AT THE CHAMBER OF COMMERCE
AND INDUSTRY OF THE RUSSIAN FEDERATION

Article 1. Definition of Terms

1. “Registration fee” is a fee charged to cover the costs incurred before the commencement of a mediation conducted by a mediator or mediators (hereinafter the “Mediation”) from the Panel of Mediators at the Chamber of Commerce and Industry of the Russian Federation (hereinafter the “Panel”).
2. “Mediator’s fee” is a fee charged to pay compensation for the performance of mediation.
3. “Administrative fee” is a fee charged to cover the costs of organizing and conducting a mediation process, and general business overheads relating to the operation of the Panel.
4. “Additional costs” are extra expenses likely to arise in connection with a mediation, in particular, the cost of calling witnesses, conducting inspections, and paying travel expenses incurred by a mediator(s) to conduct a mediation beyond the area of his (their) ordinary residence.
5. “Costs of the parties” are expenses incurred by the parties to protect their interests, apart from the costs named in the preceding clauses of this article.

Article 2. Registration Fee

The registration fee to be paid by the parties shall amount to 9,000 Russian rubles on filing of an application requesting mediation. The registration fee is a separate expense in addition to all other fees and costs. The registration fee shall not be refunded.

Article 3. Honorarium Charge

1. The Honorarium Charge shall be calculated in Russian Rubles on the basis of fair the overall appraised monetary value of the mutual claims arising from the dispute, conflict, or any difficulty being referred for settlement, in conformity with the following schedule:
   
   

   Value of Claims	Honorarium Charge
   up to 500,000 Rubles	5,000 Rubles
   Over 500,000 Rubles to 1,000,000 Rubles	5,000 Rubles + 0.5% from any sum in excess of 500,000 Rubles
   Over 1,000,000 Rubles to 3,000,000 Rubles	7,500 Rubles + 0.4% from any sum in excess of 1,000,000 Rubles
   Over 3,000,000 Rubles to 10,000,000 Rubles	15,500 Rubles + 0.3% from any sum in excess of 3,000,000 Rubles
   Over 10,000,000 Rubles to 30,000,000 Rubles	36,500 Rubles + 0.2% from any sum in excess of 10,000,000 Rubles
   Over 30,000,000 Rubles	76,500 Rubles + 0.1% from any sum in excess of 30,000,000 Rubles

2. The term “value of claims” shall mean the total sum of claimed or opposed monetary funds, including, without limitation, the parties’ claiming amounts for losses, value of claimed property as well as any property rights or interests claimed as the ones needing protection.
   Any non-monetary claims shall be subject to pecuniary valuation to be made in the course of consultations with the parties (Article 4 of the Rules of Procedure).
3. Should one of the parties withdraw prior to the mediation procedure commencement, all honorarium and administrative charges shall be refundable in full to the persons by whom these were paid.
4. Should any already commenced conciliation procedure be terminated without signing any conciliation agreement between the parties (clause 2, Article 6 of the Regulation), the liability for refunding shall be limited by 50% of the Honorarium Charge amount.
5. Should the amount of the claims be increased, the parties shall have to effect additional payments on account of the Honorarium Charge in proportion to the amounts of such increases.
6. In some exceptional cases – in particular, upon the occurrence of any unforeseen circumstances substantially changing the course of the conciliation procedure as defined in Clause 2, Article 4 of the Regulations, the Panel Presidium shall be entitled to respectively increase or to reduce the size of payable fees (except for the registration fee), but, in any case, by no more than 50%.
7. In the case of partial refunding of the paid Honorarium Charge, as prescribed in Clause 4 herein, the paid Administrative Charge shall not be refundable.

Article 4. Allocation of Mediator’s Fee

The mediator shall, within thirty days of completion or termination of the mediation, collect 90 percent of the mediator’s fee paid by the parties.
Where several mediators are selected (or appointed), the fee paid shall be allocated to them in equal amounts, unless otherwise provided for in an agreement entered into by the mediators.
The Panel Chairman shall, within thirty days of completion or early termination of the mediation, collect percent of the mediator’s fee.

Article 5. Administrative Fee

The administrative fee paid by the parties shall be equal to 40 percent of the mediator’s fee fixed as set out in Article 3 of this Schedule.

Article 6. Additional costs

The parties shall cover additional costs in amounts agreed in advance required for carrying out an appropriate procedure.
The mediation shall not start, or resume if suspended, unless the parties have made advance payments to cover the additional costs.
The costs of calling a witness shall be met by the party inviting the witness.
The costs of carrying out inspection shall be borne by the party asking an inspection to be conducted.

Article 7. Costs of the Parties

Each party shall cover its own costs, as soon as these are incurred.

Article 8. Payment of Fees and Charges

1. Unless otherwise required by the Settlement Agreement or in this Schedule, the fees and costs specified in this Schedule shall be met by the parties in equal shares. Any Charges and Costs specified in the present Provision may be paid in full or in part by either of the Disputing Parties or by any party that may be interested in arranging for the conciliation procedure, subject to consent of such Disputing Party.
2. The fees and charges specified in this Schedule shall be deemed paid on the day when the amounts paid are credited to the account of the Chamber of Commerce and Industry of the Russian Federation. The bank transfer costs of such amounts shall be borne by the paying party.
3. Where the parties or any of the parties to the mediation is a resident of the Russian Federation, the fees and charges required in this Schedule and denominated in the currency of the Russian Federation may be paid in foreign currency at the exchange rate of the Central Bank of the Russian Federation as on the payment day.
4. Where the parties refuse, or are unable, to make payment of, or to pay the surcharge on, the appropriate fee or charge, the mediation shall be suspended. Unless the appropriate fee or charge is paid within 30 days of demand, the mediation may be terminated.
5. All fees payable under this Schedule shall be paid free and clear of VAT, which shall be paid by the parties as and if required by the laws of the Russian Federation.