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Tariff of arbitration charges and expenses for International disputes subject to hearings by the Court of Arbitration at the BCCI

(Adopted by the Executive Counsel of BCCI under resolution No. 47/3-2002 from 29th January 2002, amended by Resolution of the Executive Counsel of BCCI from 13-th January 2004, amended and supplemented by Resolution No. 85/20-2007 from 24-th August 2007, effective as of 1-st September 2007 , amended and supplemented by resolution of the Executive Counsel of BCCI No.67/21-2011 from 15.11.2011, effective as of 1 January 2012)

PARAGRAPH 1 Arbitration Charge and Deposit
PARAGRAPH 2 Rates of Arbitration Charges
PARAGRAPH 3 Reduction and Partial Refunding of Arbitration Charges
PARAGRAPH 4 Arbitration Charge on Counter-claims and Requests for Set-off
PARAGRAPH 5 Deposit for Arbitration Expenses
PARAGRAPH 6 Expenses for Collection of Evidence on the Case
PARAGRAPH 7 Additional Expenses
PARAGRAPH 8 Liabilities of Parties for Arbitration Charges, Deposits and Other Expenses

 

PARAGRAPH 1. Arbitration Charge and Deposit
(1) Arbitration proceedings shall involve payment of charges and a deposit for expenses.
(2) "Arbitration charge" is the amount, paid to cover the overall expenses of the Court of Arbitration, including the fees of arbitrators.
(3) "Deposit" is the amount, collected for expenses incurred in the course of individual cases - for summonses and notices, for serving papers, fees for interpreters, shorthand recording of minutes, issue of certificates, etc.
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PARAGRAPH 2. Rates of Arbitration Charges
(1) The Court of Arbitration shall collect arbitration charges, depending on the value of the claim, in accordance to the following table:
Value of the claim (EUR) Arbitration charge (EUR)
- Up to 1 000 EUR 150 EUR
From 1 000 to 5 000 EUR 150 EUR + 12% for the sum over 1 000 EUR
From 5 000 to 10 000 EUR 630 EUR + 9% for the sum over 5 000 EUR
From 10 000 to 50 000 EUR 1 080 EUR +6% for the sum over 10 000 EUR
From 50 000 to 100 000 EUR 3 480 EUR + 4% for the sum over 50 000 EUR
From 100 000 to 200 000 EUR 5 480 EUR + 2% for the sum over 100 000 EUR
From 200 000 to 500 000 EUR 7 480 EUR + 1.5% for he sum over 200 000 EUR
From 500 000 to 1 000 000 EUR 11 980 EUR +1.2% for the sum over 500 000 EUR
Over 1 000 000 EUR - 17 980 EUR + 1% for the sum over 1 000 000 EUR
(2) The arbitration charge shall be paid in advance. When paid by a bank remittance, the charge shall be considered paid on the day of crediting the BCCI bank account.
(3) In the case of an increase in the value of the claim, an extra charge shall be paid and its amount shall be the difference between the charge already paid and the charge due on the value of the claim after the increase.
(4) The Bulgarian enterprises and companies, including those with prevailing foreign participation with seats and registered offices in the Republic of Bulgaria, shall pay the charge in BG levs, irrespective of the currency in which the claim has been filed, but applying the exchange rate for the EUR, fixed by the Bulgarian National Bank for the day of filing the statement of claim.

 

If the parties have agreed for the case to be heard in a foreign language the relevant arbitration charge, set in accordance to the above table, shall be increased by 1.2.

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PARAGRAPH 3 Reduction and Partial Refunding of Arbitration Charges
(1) If the dispute is to be heard by a sole arbitrator, the amount of the arbitration charge as per § 2, item 1, shall be reduced by 50%.
(2) Irrespective of the grounds for termination of the case, the claimant shall be refunded as follows:
  1. 75% of the paid amount of the arbitration charge and deposit, if the termination has taken place before the Arbitral Tribunal has started any proceedings on the case;
  2. 50% of the paid amount of the arbitration charge, when the case has been terminated after the Arbitral Tribunal has started the proceedings.
  3. 25% of the amount paid of the arbitration charge when the ruling on the challenge of jurisdiction is rendered in the award to the case , in the event of termination of proceedings due to an eventual claim or an eventual objection to a set-off, awarded during the hearing, as well as when the parties have requested termination of proceedings within the time limit for rendering of the award .
(3) The provisions of the above para shall not apply when the minimum amount of the charge is paid, as well as when the claimant has canceled the claim or is inactive, even after the Arbitral Tribunal has rendered a preliminary award, serving the whole outcome of the case.
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PARAGRAPH 4. Arbitration Charge on Counter-claims and Requests for Set-off

 
The arbitration charges on counter-claims and requests for set-off shall be collected according to the provisions for the charges concerning the principal claim.

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PARAGRAPH 5. Deposit for Arbitration Expenses
(1) The expenses deposit shall be determined by the President of the Court of Arbitration and shall be advanced by the claimant.
(2) The deposit shall be accounted for by the Arbitral Tribunal upon rendering the award or termination of the proceedings. The Tribunal shall instruct the BCCI to refund the unused part of the deposit to the claimant and respectively shall ask the latter to pay the difference between the deposit and the real amount of the expenses incurred in the course of the proceedings. If no Arbitral Tribunal has been composed, the deposit shall be accounted for by the President of the Court of Arbitration.
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PARAGRAPH 6. Expenses for Collection of Evidence on the Case
(1) The amounts related to the fees of experts and, if necessary, their travel and daily allowances for preparation of their opinions, as well as the expenses for in situ inspections, shall be paid in advance by the parties requesting such measures, where the amount shall be determined by the Arbitral Tribunal.
(2) The expenses paid to witnesses shall be for the account of the party requesting their testimony
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PARAGRAPH 7. Additional Expenses
(1) When on request of the parties the hearings of the Arbitral Tribunal are held outside the seat of the Court of Arbitration, the additional expenses shall be advanced by the parties in equal shares. These expenses shall be accounted for by the Arbitral Tribunal following the termination of proceedings. The Tribunal shall arrange refunding of the unused amounts, if any remained, and order the payment of any excess expenses respectively.
(2) The party which has appointed an arbitrator whose participation in the hearings of the Arbitral Tribunal is connected with travel and sojourn costs in Sofia, where the Court of Arbitration is seated, shall advance the amount of these expenses which shall be for its account, regardless of the outcome of the proceedings.
(3) The above para shall also apply to a foreign arbitrator. The expenses for his/her participation (travel, accommodation and daily allowances) shall be advanced in US currency by the party which appointed such arbitrator, regardless of the outcome of the case. If a foreign arbitrator becomes the presiding arbitrator, the expenses in connection with his/her participation shall be shared on equal basis by both parties, regardless of the outcome of the case.
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PARAGRAPH 8. Liabilities of Parties for Arbitration Charges, Deposits and Other Expenses
(1) Unless otherwise agreed upon by the parties, the expenses covering arbitration charges, deposits and collection of evidence on the case, shall be borne by the party against which the award is rendered, and when a partial claim is granted, these expenses shall be adjudicated in proportion to the granted and rejected parts of the claim. Expenses paid to witnesses shall be adjudicated if proved by the party claiming these expenses but their amount shall not exceed the rates established by law.
(2) The respondent shall be entitled to expenses in case of termination of the proceedings as well.
(3) The party in whose favour the award is rendered, may request adjudication of the normal expenses for its participation in the case. These expenses shall be proved before the Court of Arbitration
(4) The party which has used legal representation by an attorney on the case but has failed to produce evidence concerning the expenses incurred, shall be adjudicated the minimum rate as fixed by the Tariff for attourneys' fees.
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