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Schedule of Fees and Costs of Arbitration
(All amounts are in United States Dollars, hereinafter "USD")
1. Registration Fee
1.1 When submitting a Notice of Arbitration, the Claimant shall pay a Registration Fee of USD 1,000.
1.2 If the Claimant fails to pay the Registration Fee, the HKIAC shall not proceed with the arbitration.
1.3 The Registration Fee is not refundable.
1.4 The above provisions shall also apply to any counterclaim.
2. The HKIAC's Administrative Fee
2.1 The HKIAC's Administrative Fee shall be charged in accordance with the following table
(*) The table under Section 4.1 below indicates the resulting administrative fee payable in USD after the appropriate calculations have been made.
3. The Arbitrators' Fees
3.1 Where both parties agree to the application of this Schedule for to the determination of the Arbitrators' Fees, Arbitrators' Fees shall be charged in accordance with the following table:
Arbitrators' Fees (per arbitrator)
(*) The table under Section 4.1 below indicates the resulting range of fees payable per arbitrator after the appropriate calculations have been made.
3.2 The arbitrators' fees shall cover the activities of the arbitral tribunal from the time the file is transmitted to the tribunal until the last award.
4. Computation of Fees
4.1 The administrative fees and arbitrators' fees payable shall be calculated in accordance with the following charts and fixed by the HKIAC Council. The fees payable for each successive range in this chart are added together.
Computation of Fees
(*)(**) See preceding page
4.2 The HKIAC's Administrative Fees and the Arbitrators' Fees may exceed the amounts set out in the scale above where in the opinion of the HKIAC Council there are exceptional circumstances which shall include and not be limited to the parties conducting the arbitration in a manner not reasonably contemplated by the arbitral tribunal at the time of appointment.
4.3 Claims and counterclaims are added for the determination of the amount in dispute. The same rule applies to set-off defences, unless the arbitral tribunal, after consulting with the parties, concludes that such set-off claims will not require significant additional work.
4.4 Interest claims shall not be taken into account for the calculation of the amount in dispute. However, when the interest claims exceed the amounts claimed in principal, the interest claims alone shall be considered in calculating the amount in dispute.
4.5 Currencies other than the United States Dollars shall be converted into United States Dollars at the average rate of exchange between the date when the Notice of Arbitration is received by the HKIAC Secretariat and the date when the final award is made. For the purpose of determining the Registration Fee under Section 1 herein, the rate of exchange shall be that of the date when the Notice of Arbitration is received by the HKIAC Secretariat.
4.6 If the amount in dispute is not quantified, the HKIAC's Administrative Fees and the Arbitrators' Fees shall be fixed by the HKIAC Council, taking into account all relevant circumstances.
5. Arbitrators' Expenses
The expenses of the arbitrators shall relate to the actual disbursements for the arbitration, such as reasonable expenses relating to: travel (business class airfare, unless special arrangements have been agreed), accommodation, meals (if in home city, only meals among arbitrators are taken into account), taxi, communications costs, and any other costs related to the conduct of the proceedings (such as rental of hearing rooms, court reporting services, interpreters, etc.). The HKIAC may issue general guidelines to the arbitrators for the accounting of their expenses. The expenses of the arbitrators shall be invoiced and paid separately and are not included in the Arbitrators' Fees under Section 3 above.
6. Interest Earned on Deposits Made by the Parties
The HKIAC shall place the deposits made by the parties in interest bearing deposit account(s) at reputable licensed Hong Kong deposit-taking institution(s). In selecting the account(s), the HKIAC shall also have due regard to the possible need to make the deposited funds available immediately. Any interest earned shall be included in the final computation of the costs of the arbitration in favour of the party or parties having made the deposit or deposits so invested.
7. Interim Payments
The HKIAC may direct that interim payments shall be made from time to time out of funds held on deposit to cover the HKIAC's Administrative Fees and the Arbitrators' Fees and Expenses.
8. Parties Jointly and Severally Liable
The parties shall be jointly and severally liable to the arbitral tribunal and the HKIAC for the costs of the arbitration.
9. Lien on Award
The HKIAC and the arbitral tribunal shall have a lien over any awards issued by a tribunal to secure the payment of the costs referred to in Article 36.1, paragraphs (a), (b), (c) and (f), and may accordingly refuse to release any such awards to the parties until all such costs have been paid in full.