ELArb European-Latinamerican Arbitration Center GmbH

Costs for arbitration

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Schedule of costs

(1) Amounts in dispute up to EUR 15,000.00: For amounts in dispute of up to EUR 15,000.00, the fee for a Sole Arbitrator or the presiding arbitrator (“Chairman”) of an Arbitral Tribunal shall amount to EUR 2,700.00 and for each co-arbitrator to EUR 1,950.00, subject to increases and reductions as per Art. 25 (4) of the ELArb Arbitration Rules. The ELArb-administration fee shall be EUR 500.00.

(2) Amounts in dispute from EUR 15,000.01 up to EUR 100,000.00: With every step of “up to EUR 5,000.00” of the amount in dispute, the fees of the Arbitral Tribunal shall be increased by EUR 176.00 in cases where the parties have agreed on a Sole Arbitrator, and by EUR 440.00 where the Arbitral Tribunal consists of 3 arbitrators, subject to increases and reductions as per Art. 25 (4) of the ELArb Arbitration Rules. In the latter case, EUR 176.00 out of the EUR 440.00 shall be allocated to the Chairman of the Arbitral Tribunal and each EUR 132.00 to the co-arbitrators. The ELArb-administration fee shall be EUR 750.00 for amounts in dispute between EUR 15,000.01 up to EUR 50,000.00 and shall be EUR 1,000.00 for amounts in dispute between EUR 50,000.01 and EUR 100,000.00.

As such, for an amount in dispute of EUR 100,000.00, the fee for a Sole Arbitrator or the Chairman of an Arbitral Tribunal will be EUR 5,692.00 and for each co-arbitrator EUR 4,194.00, subject to increases and reductions as per Art. 25 (4) of the ELArb Arbitration Rules. The ELArb-administration fee will be EUR 1,000.00.

(3) Amounts in dispute from EUR 100,000.01 up to EUR 1,000,000.00: With every step of “up to EUR 25,000.00” of the amount in dispute, the fees of the Arbitral Tribunal shall be increased by EUR 500.00 in cases where the parties have agreed on a Sole Arbitrator, and by EUR 1,300.00 where the Arbitral Tribunal consists of 3 arbitrators, subject to increases and reductions as per Art. 25 (4) of the ELArb Arbitration Rules. In the latter case, EUR 500.00 out of the EUR 1,300.00 shall be allocated to the Chairman of the Arbitral Tribunal and each EUR 400.00 to the co-arbitrators. The ELArb-administration fee shall be EUR 1,200.00 for amounts in dispute between EUR 100,000.01 up to EUR 125,000.00 and shall be increased by EUR 200.00 with every step of “up to EUR 25,000.00”.

As such, for an amount in dispute of EUR 1,000,000.00, the fee for a Sole Arbitrator or the Chairman of an Arbitral Tribunal will be EUR 23,692.00 and for each co-arbitrator EUR 18,594.00, subject to increases and reductions as per Art. 25 (4) of the ELArb Arbitration Rules. The ELArb-administration fee will be EUR 8,200.00.

(4) Amounts in dispute from EUR 1,000,000.01 up to EUR 5,000,000.00: With every step of “up to EUR 50,000.00” of the amount in dispute, the fees of the Arbitral Tribunal shall be increased by EUR 400.00 in cases where the parties have agreed on a Sole Arbitrator, and by EUR 1,000.00 where the Arbitral Tribunal consists of 3 arbitrators, subject to increases and reductions as per Art. 25 (4) of the ELArb Arbitration Rules. In the latter case, EUR 400.00 out of the EUR 1,000.00 shall be allocated to the Chairman of the Arbitral Tribunal and each EUR 300.00 to the co-arbitrators. The ELArb-administration fee shall be EUR 8,400.00 for amounts in dispute between EUR 1,000,000.01 up to EUR 1,050,000.00 and shall be increased by EUR 200.00 with every step of “up to EUR 50,000.00”.

As such, for an amount in dispute of EUR 5,000,000.00, the fee for a Sole Arbitrator or the Chairman of an Arbitral Tribunal will be EUR 55,692.00 and for each co-arbitrator EUR 42,594.00, subject to increases and reductions as per Art. 25 (4) of the ELArb Arbitration Rules. The ELArb-administration fee will be EUR 24,200.00.

(5) Amounts in dispute from EUR 5,000,000.01 up to EUR 10,100,000.00: With every step of “up to EUR 75,000.00” of the amount in dispute, the fees of the Arbitral Tribunal shall be increased by EUR 280.00 in cases where the parties have agreed on a Sole Arbitrator, and by EUR 700.00 where the Arbitral Tribunal consists of 3 arbitrators, subject to increases and reductions as per Art. 25 (4) of the ELArb Arbitration Rules. In the latter case, EUR 280.00 out of the EUR 700.00 shall be allocated to the Chairman of the Arbitral Tribunal and each EUR 210.00 to the co-arbitrators. The ELArb-administration fee shall be EUR 25,000.00 fix.

As such, for an amount in dispute of EUR 10,100,000.00, the fee for a Sole Arbitrator or the Chairman of an Arbitral Tribunal will be EUR 74.732.00 and for each co-arbitrator EUR 56.874.00, subject to increases and reductions as per Art. 25 (4) of the ELArb Arbitration Rules. The ELArb-administration fee will be EUR 25,000.00.

(6) Amounts in dispute from EUR 10,100,000.01 up to EUR 15,000,000.00: With every step of “up to EUR 100,000.00” of the amount in dispute, the fees of the Arbitral Tribunal shall be increased by EUR 148.00 in cases where the parties have agreed on a Sole Arbitrator, and by EUR 370.00 where the Arbitral Tribunal consists of 3 arbitrators, subject to increases and reductions as per Art. 25 (4) of the ELArb Arbitration Rules. In the latter case, EUR 148.00 out of the EUR 370.00 shall be allocated to the Chairman of the Arbitral Tribunal and each EUR 111.00 to the co-arbitrators. The ELArb-administration fee shall be EUR 25,000.00.

As such, for an amount in dispute of EUR 15,000,000.00, the fee for a Sole Arbitrator or the Chairman of an Arbitral Tribunal will be EUR 81,984.00 and for each co-arbitrator EUR 62,313.00, subject to increases and reductions as per Art. 25 (4) of the ELArb Arbitration Rules. The ELArb-administration fee will be EUR 25,000.00.

(7) Amounts in dispute from EUR 15,000,000.01 up to EUR 50,000,000.00: With every step of “up to EUR 200,000.00” of the amount in dispute, the fees of the Arbitral Tribunal shall be increased by EUR 252.00 in cases where the parties have agreed on a Sole Arbitrator, and by EUR 630.00 where the Arbitral Tribunal consists of 3 arbitrators, subject to increases and reductions as per Art. 25 (4) of the ELArb Arbitration Rules. In the latter case, EUR 252.00 out of the EUR 630.00 shall be allocated to the Chairman of the Arbitral Tribunal and each EUR 189.00 to the co-arbitrators. The ELArb-administration fee shall be EUR 25,000.00.

As such, for an amount in dispute of EUR 50,000,000.00, the fee for a Sole Arbitrator or the Chairman of an Arbitral Tribunal will be EUR 126,084.00 and for each co-arbitrator EUR 95,388.00, subject to increases and reductions as per Art. 25 (4) of the ELArb Arbitration Rules. The ELArb-administration fee will be EUR 25,000.00.

(8) Amounts in dispute from EUR 50,000,000.01 up to EUR 100,000,000.00: With every step of “up to EUR 250,000.00” of the amount in dispute, the fees of the Arbitral Tribunal shall be increased by EUR 188.00 in cases where the parties have agreed on a Sole Arbitrator, and by EUR 470.00 where the Arbitral Tribunal consists of 3 arbitrators, subject to increases and reductions as per Art. 25 (4) of the ELArb Arbitration Rules. In the latter case, EUR 188.00 out of the EUR 470.00 shall be allocated to the Chairman of the Arbitral Tribunal and each EUR 141.00 to the co-arbitrators. The ELArb-administration fee shall be EUR 25,000.00.

As such, for an amount in dispute of EUR 100,000,000.00, the fee for a Sole Arbitrator or the Chairman of an Arbitral Tribunal will be EUR 163,684.00 and for each co-arbitrator EUR 123,588.00, subject to increases and reductions as per Art. 25 (4) of the ELArb Arbitration Rules. The ELArb-administration fee will be EUR 25,000.00.

(9) Amounts in dispute above EUR 100,000,000.01: With every further step of “up to EUR 500,000.00” of the amount in dispute, the fees of the Arbitral Tribunal shall be increased by EUR 320.00 in cases where the parties have agreed on a Sole Arbitrator, and by EUR 800.00 where the Arbitral Tribunal consists of 3 arbitrators, subject to increases and reductions as per Art. 25 (4) of the ELArb Arbitration Rules. In the latter case, EUR 320.00 out of the EUR 800.00 shall be allocated to the Chairman of the Arbitral Tribunal and each EUR 240.00 to the co-arbitrators. The ELArb-administration fee shall be EUR 25,000.00.

(10) Provisional security on the arbitrator´s costs: The amount of the provisional security on the arbitrator´s costs to be paid to the ELArb Arbitration Center pursuant to Art. 2 (4) and Art. 3 (6) of the ELArb Arbitration Rules corresponds to the fees for a co-arbitrator.

(11) Rule for arbitration proceedings causing exceeding workload for the arbitrators: The fees granted to the arbitrators according to this Schedule of Costs are calculated to cover the average workload in arbitration proceedings. In cases as specified in Art. 25 (4) of the ELArb Arbitration Rules though, these fees may be subject to a reasonable reduction or appropriate increase. The respective decision shall be made by the competent body of the ELArb Arbitration Center at its sole discretion. However, the total amount to be awarded to the arbitrators shall not exceed the amount as calculated according to No. 1 through 9 (as the case may be increased according to No. 12 and/or No. 14) by more than 50%.

(12) Multiple party arbitrations: If, as specified in Art. 5 of the ELArb Arbitration Rules, more than two parties are parties to the arbitration, the amounts of the fees of the arbitrators as calculated according to number No. 1 through 9 shall be increased by 20% for each additional party. However, the fees of the arbitrators shall not be increased by more than 50% of the amounts calculated according to number 1 through 9.

(13) Counterclaims and set-offs: The value of counterclaims shall be added to the value of the claim. The value of off-sets shall not be added to the value of the claim.

(14) Interim Measures: A request for an interim measure of protection, as specified in Art. 19 (1) of the ELArb Arbitration Rules, shall be compensated by an increase of the fees of the arbitrators by 30%.

(15) Expenses of Arbitrators: Reasonable expenses of arbitrators shall be reimbursed to the arbitrator at cost plus VAT, if applicable according to the VAT law applicable to the arbitrators (in some cases, such VAT may be reimbursed at the end of the proceeding upon proof of an exemption to the competent tax authority, see below No. 17).

(16) Expenses of the ELArb Arbitration Center: General administration of proceedings by the ELArb Arbitration Center is covered by the ELArb-administration fee. All expenses of the ELArb Arbitration Center for the service of documents and other costs caused by the proceedings (including e.g. translation costs) shall be reimbursed at cost. While the ELArb Arbitration Center is able to communicate in English, German, Portuguese and Spanish, submissions in languages other than English will have to be translated at cost into English unless all parties, the arbitrators and the management of the ELArb Arbitration Center agree otherwise. Until such consent has been reached, the ELArb Arbitration Center shall decide at its discretion to be exercised in light of the circumstances of the case, what it will translate during the initial stage of the proceedings.

(17) Value Added Tax: In addition to the costs set forth above, the parties shall be liable for Value Added Tax (VAT). The initial invoice of the ELArb Arbitration Center shall be issued with German VAT. Parties from member states of the European Union, outside Germany, may request a refund and a corrected invoice without VAT if they prove to the ELArb Arbitration Center that they have a valid VAT-ID-number in their local jurisdiction which entitles them not to pay VAT in Germany. In such case, the ELArb Arbitration Center will refund the VAT after it has received it back from the German tax authorities. If the VAT-ID- number is already communicated and proven at the time of the issuance of the initial invoice, such invoice shall be issued without VAT. Parties from states outside the European Union may claim a refund directly from the German Federal Central Tax Authority (Bundeszentralamt für Steuern, www.bzst.de) upon proof of the conditions for a refund as set forth by that tax authority. For arbitrators to which the VAT law of a member state of the European Union is applicable, this regime applies by analogy to the VAT on the arbitrators’ fees. For arbitrators from other jurisdictions, the applicable VAT regime determines on whether or not there may be a claim for restitution of the VAT from the competent tax authority.