(1) In order to remunerate the arbitration services provided by the Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania, hereinafter referred to as the Court of Arbitration, there will be charged a registration fee in amount of Euros 150 or the equivalent in Lei at the NBR exchange rate of the day, as well as an arbitration fee consisting of an administrative fee and arbitrators’ fee.

(2) The amount of the arbitral fee consisting of the administrative fee and the fees of the arbitrators is set out in Annex no. 1 to these Schedules.

(3) If the claim matter value is denominated in another foreign currency other than Euro, the arbitration fee shall be determined based on the exchange rate established by the National Bank of Romania of such currency into Euro on the date the statement of claim is submitted and shall be paid in Euro or in other freely convertible currency.

(4) The provisions of paragraph (3) shall properly apply also in cases where claims are denominated in different currencies. However, the Secretariat of the Court of Arbitration may decide a single currency for the arbitration fee.

(5) The arbitrators’ fees quantum provided by para. (1) and the Annex no. 1 is applicable to only one arbitrator.

(6) The registration fee shall not be reimbursed under any circumstances.

(4) The Secretariat of the Court of Arbitration will calculate the arbitration fee pursuant to parties’ assessment on their claims.

(5) In all circumstances, the arbitral tribunal may reasonably determine the real value of the claims / head of claims. The arbitral tribunal shall, if necessary, order supplementary charging only after the parties have been questioned of the real value of the claims / head of claims submitted to arbitration.

Art. 3 The value of the claim in special situations

(1) The claims on nullity, annulment, cancellation or termination of a patrimonial legal act, other than those stated in art. 2 g), as well as the claims related to finding the existence or lack of existence of a patrimonial right, shall be charged with the arbitral fee provided in Annex no. 1, depending on the amount claimed to be enforced or, where the case, not to be enforced. The claim for reinstatement of the parties in the previous state is exempt from the arbitration fee if it is incidental to the claim on nullity, annulment, cancellation or termination of the patrimonial legal act.

(2) Where the act in respect of which finding the nullity, annulment, cancellation or termination is sought is a preferential pact, an option pact or a promise to contract (for sale, rental or any other kind) or any other, then the arbitration fee shall be calculated by reference to the amount of the advance payment of the amounts to be paid under the promised contract or in respect of which the pre-contract is due, due pursuant to the pact, the promise or the pre-contract, or the value of the price of the promise or the pre-contract, if the parties have expressly provided such value.

(3) Where the object of the statement of claim encloses counts of claim having the same purpose, alternative counts of claim, such as restitution in kind or equivalent, or main or subsidiary, a single arbitration fee shall be charged, calculated at the highest amount of the claim’s object according to Annex no.1.

(4) If a party requests to offset its claim with that of the other party, the applicant shall be required to pay the arbitration fee at the amount to be offset. The provisions of this paragraph also apply in cases where nullity, annulment, or ineffectiveness of the contract or any of its clauses is raised by way of exception. For the purpose of determining the fee value, the provisions of Article 2(2)(g), Article 3(1), and Article 3(2) shall apply accordingly.

(5) Requests for the challenge of an arbitrator, an expert or an arbitral assistant shall be charged with 3,000 lei each.

(6) Requests for granting precautionary measures and/or provisional measures as well as requests for finding certain factual circumstances shall be charged with 15,000 lei, the fee consisting of the elements specified in Article 5(1)(b) and (c) of these Rules.

(7) The requests for certificates indicating the status of certain arbitration disputes shall be charged with 500 lei.

(8) When interests, penalties or late payment interests are claimed by the statement of defense, the amount thereof, from the date when it begins to run until the date of submission of such statement or its increase with such claims, it shall cumulate for the purposes of calculation of the arbitral fees with the value of other monetary claims (damages, refunds, etc.).

(9) In order for the arbitral tribunal to be legally vested with a count of claim related to granting interests, late payment penalties or late payment interests further on and after the award shall be rendered, such claims must be evaluated and charged at their value until the last hearing date.

(10) The provisions of 9 shall apply accordingly.

(11) Claims not regulated by the aforementioned provisions shall be provisionally charged at double the minimum arbitral fee, with the provisions of Article 2(5) applying accordingly.

Art. 4. Arbitration fees for otherclaims

(1) The counterclaim, the request for the joinder of an additional party and the main voluntary intervention or the request for joinder shall be charged exactly as the Request for arbitration, including the registration fee. The accessory voluntary intervention is subject to a fee amounting to half of the arbitral fee for the principal arbitration request.

(2) The provisions of 9 shall apply accordingly

Art. 5. Arbitration fee for emergency procedure

(1) The arbitration fee for the emergency procedure is composed of the following items:

1. 150 Euro, representing the registration fee;
2. 3,750 Lei, representing the administrative fee;
3. 11,250 Lei, representing the Emergency Arbitrator’s

(2) The Party requesting the appointment of the Emergency Arbitrator shall pay the related arbitration fee until the submission of claim.

(3) Upon reasoned request of the Emergency Arbitrator or, if deemed so, the President of the Court of Arbitration may decide to increase or reduce the amounts provided in paragraph (1) lit. (b) and (c), taking into account the nature and complexity of the case or other relevant circumstances.

(4) If no proof of arbitration fee is submitted, the Secretariat of the Court of Arbitration shall not send the request to the President of the Arbitration Court, but shall return it to the applicant.

(5) At the request of a party, the arbitration fee may be shared between the parties by the final Award of the Arbitral Tribunal.

Art. 6 Arbitrators fees

(1) In the event of a dispute settlement by an arbitral tribunal, the arbitrator’s fees shall be calculated in accordance with Annex no. 1 and multiplied by the number of arbitrators in the arbitral tribunal.

In the situation stipulated in par. (1), the amount representing the arbitrators ‘fees shall be distributed according to the arbitrators’ agreement and, in the absence of an agreement, as follows:

1. 10% for the presiding arbitrator or, as the case may be, for the arbitrator that drafts the Award;
2. The remaining 90% is shared between all members of the arbitral tribunal.

(2) In the case the dispute shall be settled by a sole arbitrator, the value of the sole arbitrator’s fee shall be calculated according to art. 1, plus 33% of this amount.

Art. 7 Fee Payments

Arbitration fees shall be paid by the Claimant in respect of the main claim and respectively by the Respondent for the Counterclaim.

Art.8 Other arbitration costs

 
(1) In addition to registration fee and administrative fee, the parties are bound to pay, in the following circumstances, the arbitration expenses consisting of: costs of evidence administration; translation of documents and debates; expenditure on summoning or communicating procedural documents by express mail, arbitrators’ fees; lawyers’ fees; travel expenses of parties, arbitrators, experts, counselors and witnesses, as well as other expenses required to arbitrate the dispute.

(2) If such a measure is ordered ex officio, the arbitral tribunal may order either party or both, at a ratio to be determined, to advance the cost of its performance.

(3) VAT is added to the paid sums.

Art.9 Reimbursement of Arbitral Fee

Art.10 Expenses of ad hoc arbitration

In ad hoc arbitration organized by the Court of Arbitration, in accordance with its Regulation on Organization and Operation, the administrative fee is the same as the administrative fee charged for the settlement of the dispute through institutionalized arbitration and is paid within 10 days after the registration fee has been paid.

Art.11 Payment Conditions

Art.12 Penalty for non-payment of the fee in due time. Request for reexamination

Art.13 Calculation of the administrative fee and payment of arbitrators’ fees

Art.14 Payment Methods

Art.15 Arbitration fees and expenses

Art.16 Transitory provisions

The arbitration claims registered until the date the present schedules enter into force, remain to be settled under the fees in force on the date of their registration.

Art. 17 Entry into force

ANNEX NO. 1

Administrative fee and arbitrator’s fee

 A. Whenever the claim matter value is denominated in RON

 B. Whenever the claim matter value is denominated in a foreign currency