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Regulations on arbitration fees and expenses [i]
Art. 1 (1) In order to remunerate the arbitration services rendered by the Court of International Commercial Arbitration of the Romanian Chamber of Commerce and Industry, hereinafter referred to as the Court of Arbitration, there will be charged a fee consisting of an administrative fee and the arbitrators’ fee. The latter shall be determined by the chief arbitration assistant, under the approval of the Court of Arbitration Chairman or Prime Deputy Chairman, depending on the arbitration claim matter or on the dispute complexity, as follows:
A. Whenever the claim matter is denominated in RON
B. Whenever the claim matter is denominated in a foreign currency
The fees mentioned at clause B shall not apply to disputes between Romanian individuals or legal entities in case the claim matter value is denominated in a foreign currency.
(2) In case the claim matter value is denominated in another foreign currency than Euro, the arbitration fee shall be determined based on the exchange rate of such currency into Euro on the arbitration claim filing date, and shall be paid in Euro or in other free foreign currency.
(3) The provisions of paragraph 2 shall also apply accordingly in case of claims raised in different foreign currencies. However, the Court of Arbitration Secretarial Office may decide a sole foreign currency applicable to the arbitration fee payment.
Art. 2 (1) The claimant shall be bound to set out in the claim the value of its matter, even when no financial claims are raised.
(2) Generally, the claim matter value shall be determined as follows:
a) in cases regarding financial claims, based on the claimed amount;
b) in cases related to the delivery of certain goods, based on the value of such goods on the claim filing date;
c) in cases related to the obligation of doing or not doing something, based on the value set out by the claimant.
(3) In the claims with several particulars, the value of each particular should be determined separately; the claim matter value shall be determined based on the aggregate amount of all particulars.
(4) In case the claimant has failed to determine or has incorrectly determined the claim matter value, the Court of Arbitration Secretarial Office, ex officio or upon the respondent’s request, shall determine such value based on the data related to the claim matter.
Art. 3 (1) In addition to the arbitration fees, the parties shall be bound to pay, under the following terms, arbitration expenses consisting of: evidence producing expenses; documents and debates translation expenses; expenses related to summoning or service of process transmission by means of overnight courier, fees for arbitrators not included in the List, in case of ad-hoc arbitration; attorneys fees; travel costs related to the parties, arbitrators, experts, advisors and witnesses, as well as other expenses required for the dispute arbitration.
(2) The arbitration codex and List of arbitrators shall be provided to the parties free of charge.
Art. 4 (1) The administrative fee shall be decreased by 25% in case the dispute shall be settled by a sole arbitrator.
(2) In case the claimant shall withdraw his arbitration claim prior to issuing the subpoenas for the first hearing day, the arbitration fee shall be decreased by 75%.
(3) In case, following the parties’ agreement or arbitration waiver, the dispute shall cease on the first hearing day, the arbitration fee shall be decreased by 50%.
(4) Whenever the arbitral tribunal shall pass an award stating the arbitral tribunal lack of jurisdiction, the arbitration fee shall be decreased by 75%.
(5) In case the court of law shall cancel the arbitral award due to the lack of jurisdiction, the arbitration fee shall be fully reimbursed.
(6) In case the claimant shall lower his claims prior to the first hearing day, including such hearing day, regarding which the parties have been duly summoned, the arbitration fee shall be determined based on such lowered claim matter value. In case the set out value of claims shall decrease further to the first hearing day, the arbitration fee shall be computed based on the initial amount, disregarding the further decrease.
(7) The arbitration fee is irreducible.
Art. 5. The counter claim, the guarantee summoning claim and the intervention claim shall be charged identically with the main arbitration claim.
Art. 6 (1) All claims regarding the nullity certification, cancellation, rescission or termination of a patrimonial legal deed, as well as the claims regarding the existence or inexistence of a patrimonial right, shall be charged with the arbitration fee mentioned at art. 1 letter A or B, as the case may be. The claim regarding ensuring the prior condition of the parties shall be free of charge in case collateral to the claim regarding the nullity certification, cancellation, rescission or termination of a patrimonial legal deed.
(2) The claims related to an arbitrator’s challenge shall be charged with the minimum arbitration fee.
(3) The claims related to the approval of insurance measures or provisional measures, as well as related to finding certain factual circumstances and the extinction claims shall be charged with the minimum arbitration fee.
(4) The claims related to issuance of certificates regarding the status of certain arbitration disputes shall be charged with 10% of the minimum administrative fee, in RON equivalent, based on the exchange rate applicable on the date of payment.
(5) In case the arbitration claim includes claims related to interests, penalties or penalties of delay, the amount thereof, as of the starting date until the claim filing date or increase thereof with such claims, shall be increased, for taxation purposes, with the amount of such financial claims (indemnities, reimbursements etc.).
(6) All claims under the arbitral tribunal jurisdiction, not set out above, shall be charged with twice the minimum arbitration fee.
Art. 7. The provisions of art. 4 shall apply accordingly to the circumstances set out at art. 5 and art. 6 hereof.
Art. 8. In case of ad-hoc arbitration, the administrative fee shall be increased by 50% of the administrative fee charged for the dispute settlement by means of institutionalized arbitration.
Art. 9 (1) The arbitration fee shall be paid in full within 10 days after receiving the Notification deed or, as the case may be, when filing the claim, in case of a counter claim or other taxable claims. The payment evidence shall be filed in the case file through the arbitration assistant.
(2) The Court of Arbitration Chairman or, in his absence, the Prime Deputy Chairman may approve the payment of the arbitration fee related to the claims mentioned at par. 1, in two equal installments, the first one on the date when the party became aware of such amount, and the second one on the first hearing date, the latest.
Art. 10. In case of failure to produce evidence regarding the arbitration fee payment within the set out term, the arbitration claim shall be returned to the claimant.
Art. 11 (1) The party who has selected an arbitrator who requires travel expenses in order to attend the sessions or upon whose request the court has approved a survey or the provision of another evidence or the performance, through the Court of Arbitration Secretarial Office, of certain translations of the file deeds, as well as the verbal debates interpretation by means of interpreters, shall be bound to pay such expenses in advance and to produce evidence regarding such payment.
(2) In case the Appointing authority shall appoint an chairman of the arbitral tribunal from a different locality than the Court of Arbitration, all travel expenses, including accommodation /daily fee, shall be borne by both parties, in equal share.
(3) In case the survey shall be ordered ex officio, the arbitral tribunal shall be entitled to request either or both parties to pay such costs in advance, in the share that will be further determined.
Art. 12 (1) The arbitrators’ fees shall be determined by the Court of Arbitration Secretarial Office based on the computation table and shall be approved by the Chairman.
(2) The fees shall be paid through the Romanian Chamber of Commerce and Industry, after issuing and drafting the arbitral award.
(3) The arbitrators’ fees related to disputes in which the court has ordered the judgment suspension under art. 36 of Law no. 85/2006 or art. 243 of the Civil procedural code shall be determined as follows: 50% on the suspension conclusion execution date and 50% on the dispute settlement by means of a resolution, including by means of an extinction resolution.
Art. 13. The arbitration fee and arbitration expenses shall be paid in cash, directly at the pay desk of the Romanian Chamber of Commerce and Industry, or by means of payment documents accepted by the Romanian Chamber of Commerce and Industry. In this latter case, the arbitration fee and expenses shall be deemed paid on the date when the account of the Romanian Chamber of Commerce and Industry shall be credited with such amounts. The delay between the payment date and the actual receipt of such payment in the National Chamber account shall have no legal consequences on the set out payment terms.
Art. 14 (1) In case either party shall fail to fulfill an obligation related to the arbitration fee or expenses payment, the other party shall be entitled to fulfill this, and the arbitral award shall determine the relevant amounts payment method.
(2) Any arbitration fee or expenses payment in excess or lower than the required amount shall be settled and paid immediately.
Art. 15 (1) These Regulations shall come into force as of February 24 th, 2010.
(2) All arbitration claims registered prior to the said date shall remain subject to the fees in force on the registration date thereof, to the extent the amount has been fully paid by such date. In case the arbitration fee has been paid in part, the due balance shall be paid pro rata, in compliance with these Regulations.
Art. 16. All provisions to the contrary shall be cancelled as of the effective date hereof.
[*] These Regulations have been developed under art. 28(2)e and art. 30 of Law no. 335/2007 of the Romanian chambers of commerce and art. 3596 of the Civil procedural code and have been approved by the National Chamber Managing Board during the fourteenth session of February 24th, 2010.
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