The applicable arbitration fees of the Beijing Arbitration Commission/ Beijing International Arbitration Court are set out in this Schedule:
|
Sum in Dispute (in RMB) |
Arbitrator’s Fees |
Administration Fees |
| 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 |
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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. |
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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.