Beijing Arbitration Commission

Arbitration Fees
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Beijing Arbitration Commission/Beijing International Arbitration Center Schedule of Arbitration Fees

The applicable arbitration fees of the Beijing Arbitration Commission/ Beijing International Arbitration Center are set out in this Schedule:

Sum in Dispute (in RMB)

Arbitrators Fees
(in RMB)

Administration Fees
(in RMB)

Up to (and including ) 250,000 12,000 5,000
From 250,000 to (and including ) 500,000 12,000 + 2.00% of the sum over 250,000 5,000 + 1.20% of the sum over 250,000
From 500,000 to (and including )1,000,000 17,000 + 1.20% of the sum over 500,000 8,000 + 0.75% of the sum over 500,000
From 1,000,000 to (and including )3,000,000 23,000 + 0.41% of the sum over 1,000,000 11,750 + 0.30% of the sum over 1,000,000
From 3,000,000 to (and including )5,000,000 31,200 + 0.40% of the sum over 3,000,000 17,750 + 0.28% of the sum over 3,000,000
From 5,000,000 to (and including) 10,000,000 55,000 + 0.50% of the sum over 5,000,000 23,500 + 0.45% of the sum over 5,000,000
From 10,000,000 to (and including) 20,000,000 80,000 + 0.40% of the sum over 10,000,000 46,000 + 0.35% of the sum over 10,000,000
From 20,000,000 to (and including) 40,000,000 120,000 + 0.35% of the sum over 20,000,000 81,000 + 0.30% of the sum over 20,000,000
From 40,000,000 to (and including) 100,000,000 190,000 + 0.31% of the sum over 40,000,000 141,000 + 0.25% of the sum over 40,000,000
From 100,000,000 to (and including) 200,000,000 376,000 + 0.28% of the sum over 100,000,000 291,000 + 0.20% of the sum over 100,000,000
From 200,000,000 to (and including) 500,000,000 656,000 + 0.26% of the sum over 200,000,000 491,000 + 0.19% of the sum over 200,000,000
From 500,000,000 to (and including ) 1,000,000,000 1,436,000 + 0.24% of the sum over 500,000,000 1,061,000 + 0.18% of the sum over 500,000,000
  Over 1,000,000,000 2,636,000 + 0.20% of the sum over 1,000,000,000 1,961,000 + 0.17% of the sum over 1,000,000,000

Where the sum in dispute is over RMB 3,964,000,000 (including RMB 3,964,000,000), the administration fee shall be capped at RMB 7,000,000. Where the sum in dispute is over RMB 8,682,000,000 (including RMB 8,682,000,000), the arbitrator’s fee shall be capped at RMB 18,000,000.

1.  The amount of money claimed by the Claimant shall be deemed the sum in dispute as set forth in this Schedule. If there is a difference between the amount claimed and the actual sum in dispute, the actual sum in dispute shall prevail. This principle shall apply mutatis mutandis to any claim raised as a counterclaim or in the event of joinder of additional parties to ascertain the sum in dispute.

2. Where the sum in dispute is not specified, this sum or the arbitration fees shall be determined by the BAC.

3. Where the parties agree to apply the Ordinary Procedure when the sum in dispute does not exceed RMB 5,000,000, the arbitrator’s fees and the administration fees shall be ascertained in accordance with the minimum standard of arbitration fees under the Ordinary Procedure. Where the parties agree to apply the Expedited Procedure when the sum in dispute exceeds RMB 5,000,000, the arbitrator’s fees shall be ascertained at 60% of the arbitrator’s fees chargeable under the Ordinary Procedure, but no less than RMB 39,200, and the administration fees shall be ascertained at 100% of the administration fees chargeable under the Ordinary Procedure.

4. The BAC may, taking into account the specific circumstances of the case, charge an extra percentage of the arbitrator’s fees and administration fees calculated as per the Schedule. Such circumstances shall include but not be limited to cases where there are two or more Claimants or Respondents, the arbitration involves multiple contracts, the parties agree on two or more languages as the languages of the arbitration, and any other special circumstances.

5. The BAC may charge for extra reasonable expenditures in accordance with relevant provisions of the BAC Arbitration Rules in addition to the arbitrator’s fees and administration fees calculated in accordance with the Schedule.

6. Where the parties so agree, the arbitrator’s fees may be calculated on the basis of an hourly rate.

(1) The hourly rate for arbitrators nominated by the parties shall be the rate agreed upon by that arbitrator and the nominating party thereof.

(2) The hourly rate of the sole arbitrator or the presiding arbitrator shall be agreed upon by that arbitrator and all parties.

(3) Where the hourly rate cannot be agreed upon by the parties within the time limit specified in the notice of the BAC, the hourly rate of the arbitrator may be determined by the BAC.

(4) No matter how the hourly rate is fixed, the arbitrator’s hourly rate shall, in principle, not exceed RMB5,0000.

(5) Where the arbitrator’s fees are calculated on the basis of an hourly rate, the BAC may, taking into account the status of the arbitral proceedings, require the parties to deposit an advance in an amount it deems appropriate based on the arbitrator’s fees.

(6) The parties shall be jointly and severally liable for the payment of the arbitrator’s fees, no matter which party nominates that arbitrator.

Model Arbitration Clause Arbitration Clause
All disputes arising from or in connection with this contract shall be submitted to Beijing Arbitration Commission / Beijing International Arbitration Center for arbitration in accordance with its rules of arbitration. The arbitral award is final and binding upon both parties.
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