Tariff of arbitration fees and costs in cases considered by AC at BCCI -2019

(Adopted by the BCCI Executive Council as per Decision No 47/3-2002 of January 29, 2002, Supplemented and amended by Decision No 85/20-2007 of August 24, 2007, effective as of September 1, 2007, supplemented and amended by Decision of the Executive Council of BCCI No 67/21-2011, of 15.11.2011,effective from 01.01.2012. Adopted by the BCCI Executive Council by Decision No 34/17-2015, effective as of 01.09.2015.)
Amended and supplemented by Decision 3 under Item 1.3 of Minutes No. 9/20-2019 of 22.10.2019 of the Executive Council of the BCCI effective as of 01.12.2019.

PARAGRAPH 1 Arbitration fee and deposit
PARAGRAPH 2 Amount of the arbitration fee
PARAGRAPH 3 Reduction of the amount and partial return of the arbitration fee
PARAGRAPH 4 Arbitration fee under a counter claim and a set-off plea
PARAGRAPH 5 Deposit for arbitration costs
PARAGRAPH 6 Costs for collection of evidence in the case
PARAGRAPH 7 Additional costs
PARAGRAPH 8 Responsibility of the parties for the arbitration fee, deposit and costs
PARAGRAPH 9 Responsibility of the parties for costs referring to the interim proceedings

 

PARAGRAPH 1. Arbitration Charges and Deposits
(1) In handling the case, arbitration fee and deposit for expenses are collected.
(2) "Arbitration fee" is the amount that is collected to cover the general expenses of the Arbitration Court, including the remuneration of the arbitrators.
(3) Deposit" is the amount collected for the costs that are incurred in the individual cases for  summoning and messaging, for delivery of papers, interpreter, for keeping the verbatim report, for the issuing of certificates and the like.
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PARAGRAPH 2. Amount of the arbitration fee
(1) The Arbitration Court collects arbitration fee which is determined by the price of the claim as per the following table:

 

Price of the claim (BGN) Arbitration fee (BGN)
- To 1 000 400
From 1 001 To 10 000 400 + 4% for the amount over 1 000
From 10 001 To 100 000 760 + 3.8% for the amount over 10 000
From 100 001 To 500 000 4 180 + 3.2% for the amount over 100 000
From 500 001 To 1 000 000 16 980 + 2% for the amount over 500 000
Over 1 000 000 - 26 980 + 1% for the amount over 1 000 000

(2) The arbitration fee is prepaid. When paying by bank transfer, fee is considered paid on the day when  the bank account of BCCI is credited.
(3) Upon increase of the claim, additional arbitration fee shall be paid and its amount represents the difference between the fee payable on the price of the claim after the increase and the fee already paid.
(4) In the objective connection of the claims, if the total value of claims is under BGN 50000, the arbitration fee shall be increased as follows:
  • If the number of joint claims is 3 to 5 – the arbitration fee defined under the table above, shall be increased by a coefficient of 1.2;
  • If the number of claims is between 5 and 10 - the arbitration fee shall be increased by a coefficient of 1.5;
  • If the number of joint claims exceeds 10 - by a coefficient of 2.
(5) If as per arrangement of the parties to an international case, the latter is conducted in a language other than Bulgarian, then the arbitration fee set as per the table above shall be increased by a coefficient 1.2.
(6) When a claim or a set-off plea are filed in a foreign currency, the price of the claim or the set-off plea shall be fixed in BGN at the exchange rate of the National Bank on the day of presentation. The arbitration fee and deposit shall be fixed in BGN and in EURO in the international cases, according to the fixed exchange rate of the EURO.    
(7) Parties may pay arbitration fees and deposits in their preferred currency for which BCCI has opened accounts. Upon repayment the amounts will be returned in the currency in which they have been deposited.
(8) When a partial claim is filed,  the fee is calculated on the filed partial amount, but not less than 10% of the full size.
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PARAGRAPH 3. Reduction of the amount and partial return of the arbitration fee
(1) If the case is reviewed by one arbitrator, 70% of the amount of the arbitration fee due as per Paragraph 2, Item 1, will be collected.
(2)

Upon termination of the case the following will be returned to the plaintiff:

  1. 75% of the arbitration fee and deposit, if termination has occurred prior to the constitution of the Arbitral Tribunal.
  2. 50% of the arbitration fee when the case has been terminated after constituting of the Arbitral Tribunal.
  3. 25% of the deposited fee upon ruling on the plea of incompetence with the decision on the case, upon termination of the proceedings on a possible claim or any set-off plea laid down upon deciding the case, and when the parties have requested the termination within the deadline for the decision.
(3) The provisions of the preceding paragraph shall not apply where the deposited fee is in minimum amount and where the claimant has withdrawn the claim or has remained  inactive after the Arbitral Tribunal has ruled a preliminary decision justifying the entire outcome of the case.
(4) The ruling for returning the arbitration fee shall be enacted by the Arbitral Tribunal, but when it is not constituted - by the Chairman of the Arbitration Court.
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PARAGRAPH 4. Arbitration fee under a counter claim and a set-off plea

For any counterclaim and a set-off plea, arbitration fee shall be collected according to the rules of the original claim.

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PARAGRAPH 5. Deposit for arbitration costs
(1) The deposit for expenses shall be determined by the Chairman of the Arbitration Court and shall be prepaid by the claimant.
(2) At the ruling or closing of the case, the deposit is reported by the Arbitral Tribunal. It requires the BCCI to refund to the plaintiff the unspent part of the deposit,  and respectively obliges the claimant to pay in addition the difference between the deposit and the actual amount of costs incurred on the case. If the Arbitral Tribunal has not been constituted, the deposit is reported by the Chairman of the Arbitration Court.
(3)

/New, effective as of 01.12.2019/. In the event of deposit paid in excess, the Arbitral Tribunal shall oblige the BCCI to refund the unspent part of the deposit to the Claimant through the resolutive part of the award on the case.

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PARAGRAPH 6. Costs for collection of evidence in the case
(1) The amounts for remuneration of experts and their business trips if such are needed in connection with the preparation of the conclusions, as well as amounts for the carrying out of inspection shall be submitted in advance by the party which has requested them, in the amount set by the Arbitral Tribunal.
(2) The expenses related to bringing the admitted witness, shall be borne by the party requesting it.
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PARAGRAPH 7. Additional costs
(1) When at the request of the parties meetings of the Arbitral Tribunal are held outside the seat of the Arbitration Court, additional expenses for this shall be deposited in advance equally by the parties. After completion of the case they are reported by the Arbitral Tribunal, which orders the return of the unspent part, if any, respectively for additional depositing of the difference.
(2) The party appointing an arbitrator whose participation in the meetings of the Arbitral Tribunal is related to costs of travel and stay in the seat of the Arbitration Court in the city of Sofia, shall pay in advance the amount for these costs and they will be for its own account, whatever the outcome of the case is.
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PARAGRAPH 8. Responsibility of the parties for the arbitration fee, deposit and costs
(1) If the parties have agreed otherwise, the costs of arbitration fee, deposit and collection of evidence in the case shall be assigned as a burden to the party against which the decision was ruled, and where the claim has been partially upheld, they shall be assigned in proportion to the upheld and rejected part of the claim . Costs for the sitting of an admitted  witness shall be assigned if they are proven by the party claiming them, but their size can not exceed statutory business trip costs.
(2) The party entitled to costs, may seek to be awarded the proven normal costs, which it has made for its legal protection in the case. It must prove these costs before the Arbitration Court.
(3) The party represented by a legal adviser or using legal counsel in the case, but not providing evidence for the occurred costs, is awarded with the minimum amount fixed by the Tariff for the lawyers' fees.
(4) The defendant is entitled to costs upon termination of the case pursuant to the preceding paragraphs.
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PARAGRAPH 9. Responsibility of the parties for costs referring to the interim proceedings
(1) Unless the parties have agreed otherwise, each party has the right to claim the award of the expenses under Paragraph 8, Items 1 and 2, incurred in the interim proceedings for securing a claim - subject of arbitration proceedings.
(2) Costs under the preceding paragraph include state fee and normal costs, which the party has made for its procedural protection in the interim proceedings. These expenses must be proven before the Arbitral Tribunal.
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