Arbitral Expenses

1f5c4ac69b7e8be7d7153326934b258eArticle 50.

The amount of the arbitration fee as to disputes arising between entities, if the place of location or residence of at least one of them is outside of the territory of the Republic of Belarus, depends on the value of dispute and shall be determined by the scale.

Value of dispute
( in euro )
Arbitration Fee
( in euro )
Up to 5 000,00 700,00
5 001,00 – 10 000,00 700,00 + 5,5% of amount over 5 000,00
10 001,00 – 25 000,00 975,00 + 5,5% of amount over 10 000,00
25 001,00 – 50 000,00 1 800,00 + 5% of amount over 25 000,00
50 001,00 – 75 000,00 3 050,00 + 4,5% of amount over 50 000,00
75 001,00 – 100 000,00 4 175,00 + 4% of amount over 75 000,00
100 001,00 – 150 000,00 5 075,00 + 3,5% of amount over

100 000,00

150 001,00 – 200 000,00 6 825,00 + 3% of amount over

150 000,00

200 001,00 – 500 000,00 8 325,00 + 1,5% of amount over

200 000,00

500 001,00 – 1 000 000,00 12 825,00 + 1% of amount over

500 000,00

1 000 001,00 – 2 000 000,00 17 825,00 + 0,5% of amount over

1 000 000,00

Over 2 000 000,00 22 825,00 + 0,4% of amount over

2 000 000,00

Unless the claim has a stated value, the rate of the arbitration fee shall be fixed by the IAC Chairman in the amount of not less than 700 euro.

  1. The amount of the arbitration fee as to disputes arising between entities of the Republic of Belarus:

1)  For disputes of property nature an amount of the arbitration fee depends on the value of dispute and shall be determined by the scale.

Value of dispute
( in rubles of the Republic of Belarus)
Arbitration Fee
( in rubles of the Republic of Belarus)
Up to 1 000 basic values 50 basic values

 

1 000 – 10 000 basic values 5% of 1 000 basic values + 3% of amount over  1 000 basic values
Over 10 000 basic values amount of arbitration fee due for value of dispute 10 000 basic values + 1% of amount over 10 000 basic values

2) For disputes of non-property nature the amount of the arbitration fee consists of 50 basic values.

  1. An amount of arbitration fee subject to the first and the second paragraphs of this Article shall be reduced if the dispute is settled by a sole arbitrator;
  2. Under the simplified procedure of settlement of disputes an amount of arbitration fee shall be determined as amount subject to the second and the third paragraphs of this Article reduced to 10 %. This position shall be applied according to the third paragraphs of Article 67 of these Rules.
  3. In any case an amount of arbitration fee in disputes arising between entities, if the place of location or residence of at least one of the entities is situated outside of the territory of the Republic of Belarus shall not be less than 700 euro, and in disputes arising between entities of the Republic of Belarus shall not be less than 50 basic values.

6. An amount of arbitration fee subject to the first – fifth paragraphs of this Article shall be increased to the rate of value added tax (VAT) provided by the legislation of the Republic of Belarus.

 

Expenses for proceedings in the IAC at the BelCCI consist of an arbitration fee and costs related to settlement of a dispute.

Specialties of payment of the arbitration fee.

1. The impossibility of combining different claims in one statement of claim, if these claims arise from two or more contracts.

Paragraph 4 of Article 21 of the Rules of IAC at the BelCCI determined that the statement of claim shall include claims, arising from the same contract. In case of raising claims, arising from different contracts, each of these claims shall be drawn as independent statement of claims,   and arbitration fee shall be paid for each of these claims.

2. A separate payment of property and non-property claims.

According to paragraph 1 of Article 51 of the Rules of the IAC at the BelCCI arbitration fee shall be paid for each claims separately, if a statement of claim includes non-property and property claims.

3. Compensation of the arbitration fee if it connected with reducing the size of the court penalty by the composition of the court.

In accordance with paragraph 1 of Article 59 of the Rules of the IAC at the BelCCI  the IAC composition awards to the successful party all necessary expenses incurred by this party. If the claim has been met in part the expenses are awarded in proportion to the amount of meeting the claim to the claimant, and in proportion to the part of claim that was rejected to the defendant.

But this rule has some exceptions.

Paragraph 4 of Article 52 of the Rules of the IAC at the BelCCI contains the following: in cases when the IAC composition reduced the size of the penalty, if  the penalty payable is clearly disproportionate to the consequences of breach of an obligation the costs of the claimant the payment of the arbitration fee shall be reimbursed by the defendant in the amount calculated based on the amount of the penalty that would have been recoverable without reducing it.

4. The compensation of the arbitration fee in case of voluntary satisfaction of the claims by the defendant.

Under paragraph 2 of Article 52 of the Rules of the IAC at the BelCCI when the claimant has withdrawn his claims full or partial because of  voluntary satisfaction of the claim by the defendant in full or in part after the  claim submitting a defendant at the  request of the claimant recovered costs incurred by the latter to pay the arbitration fee.

5. The procedure of the compensation of the expenses for attorneys or other legal representatives.

In accordance with article 60 of the Rules of the IAC at the BelCCI The successful party may require to reimburse reasonable expenses from the other party if these expenses have been related particularly to the participation of the successful party s representatives in proceedings.

At the same time the claim for the recovery of costs for payment for assistance for the representation of the party is included in claims under the contract

In case of appeal  to the IAC at the BelCCI with a statement of claim containing a claim for recovery for example main debt, fines and costs incurred by the plaintiff in connection with the representation of its interests in the IAC at the BelCCI, the price of the claim will be determined by summing the sizes of the main debt, penalties and these costs.

6. The possibility of payment of the arbitration fee not by claimant but by any other person for the claimant.

In accordance with paragraph 1 of Article 51 of the Rules of the IAC at the BelCCI if a statement of claim is submitted by an entity, place of location or residence of which  is situated outside of the territory of the Republic of Belarus,  arbitration fee may be paid by a person submitting  a statement of claim or instead of him another foreign  entity.

If a statement of claim is submitted by an entity of the Republic of Belarus   arbitration fee may be paid instead of him by another entity of the Republic of Belarus.

Order invoice.

For the invoice for payment of the arbitration fee fill out the application form.

Full Name (required)

Organization (required)

Phone (required)

Fax

E-mail (required)

Bank details (required)

Currency claim (required)
 Euro Belarussian Ruble

Value of Dispute (required)

Covering information and requisites