The Schedule of Costs regulates the ASEAC administration fee, the fees for arbitrators and reimbursement of expenses by ASEAC and the arbitrators.
In addition, it regulates arbitration proceedings causing an exceeding workload for arbitrators, multi-party arbitrations, counterclaims and set-offs as well as interim measures.
Diligent handling of international disputes usually cause substantial efforts. Thus, it may be advisable to agree on a certain amount in dispute up to which the matter shall be decided by a sole arbitrator. This option is provided for in lit. (a) of the Model Arbitration Clause included in Art. 3 para. 2 ASEAC Rules.
The ASEAC Schedule of Costs is set by the ASEAC Advisory Board. It was last amended in September 2012.
Current Schedule of Costs
The initial Schedule of Costs has been determined by the General Assembly of the Asian European Arbitration Centre (ASEAC) in its foundation meeting on 2 September 2008 as follows:
1. Amounts in dispute up to 15,000 €
For amounts in dispute with a value of up to 15,000 €, the fee for a Sole Arbitrator or the Chairman of an Arbitral Tribunal shall amount to 2,700.00 € and for each co-arbitrator to 1,950.00 €*, subject to the provisions in number 4. The ASEAC administration fee shall be 500 €.
- Amount in dispute up to 15,000.00 €
2. Amounts in dispute from 15,000.01 € to 100,000,000 €
Subject to the provision in number 4, the fee for the Sole Arbitrator or Chairman of the Arbitral Tribunal, the Co-Arbitrators and the ASEAC administration fees shall be as indicated in the Annex to the Schedule of Costs.
- Amount in dispute from 15,000.01 € to 100,000 €
- Amount in dispute from 100,000.01 € to 1,000,000 €
- Amount in dispute from 1,000,000.01 € to 5,000,000 €
- Amount in dispute from 5,000,000.01 € to 10,100,000 €
- Amount in dispute from 10,100,000.01 € to 50,000,000 €
- Amount in dispute from 50,000,000.01 € to 100,000,000 €
3. Amounts in dispute above 100,000,000 €
With every further step of "up to € 500,000" of the amount in dispute, the overall fee shall be increased by € 800. Hereof € 300 shall be charged for the account of costs for the Chairman and € 250 for each of the Co-Arbitrators.
Example: At a value of a claim of 101,020,000 € the total costs will be 3 x 800 € = 2.400 € higher as compared to the costs calculated for claims with a value of up to 100 Mio. €, because three steps of "up to 500.000" have been reached (in that example, the value of the claim is by 20.000 € higher than 100 Mio. + 2 x € 500.000).
4. Rule for arbitration proceedings causing exceeding workload for the arbitrators
The fees granted to the arbitrators according to the attached Annex to the Schedule of Costs shall be divided by 150.00 € for cases where the amount in dispute is up to 100,000.00 € and by 250.00 € where the amount in dispute is more than 100,000.00 €. The result of that calculation shall correspond to the number of hours duly compensated by the above Schedule of Costs (“Compensated Hourly Workload” or “CHW”). If the workload of an arbitrator exceeds the “Compensated Hourly Workload” or “CHW” by 20% (“CHW + 20”), the additional workload of the arbitrator above CHW + 20 may be compensated on the basis of 150.00 € up to 250.00 € per hour for each hour exceeding the CHW + 20 subject to decision of the Chairman of the Advisory Board, who may delegate this competence to decide to the entire Advisory Board or the competent Chamber of the Appointing Authority, with due regard to the circumstances (if, for any reasons whatsoever, after such delegation of competence, the Appointing Authority does not come to a decision within four weeks as of such delegation of power, the Chairman of the Advisory Board may rescind its decision and decide himself or jointly with the entire Advisory Board). Such decision shall be made by the deciding body in its sole discretion. However, the total amount to be awarded to the arbitrators shall not exceed the initial amount as calculated according to No. 1, 2 or 3 by more than 50%.
5. Multi party arbitrations
If more than two parties are parties to the arbitration, the amounts of the arbitrator´s fees as calculated according to number No. 1 through 4 shall be increased by 20% for each additional party. However, the arbitrator´s fees shall not be increased by more than 50% of the amount calculated according to number 1 through 4.
6. Counterclaims and Off-Sets
The value of counterclaims shall be added to the value of the claim. The value of off-sets shall not be added to the value of the claim.
7. Interim Measures
A request for an interim measure of protection shall be compensated by an increase of the arbitrator´s or arbitrators' fees by 30% of the fee at the time of the request
8. Expenses of Arbitrators
Reasonable expenses of arbitrators shall be reimbursed to the arbitrator at cost plus VAT, if applicable according to the VAT law applicable to the arbitrators (in some cases, such VAT may be reimbursed at the end of the proceeding upon proof of an exemption to the competent tax authority, see below No. 10).
9. Expenses of ASEAC
General administration of proceedings by ASEAC is covered by the ASEAC administration fee. All expenses of ASEAC for the service of documents and other costs caused by the proceedings (including e.g. translation costs) shall be reimbursed at cost. While ASEAC is able to communicate in a number of languages including German, Chinese (Mandarin), English, French, Italian, Spanish or Russian, submissions in other languages than English will have to be translated at costs into English unless all parties, the arbitrators and ASEAC management agree otherwise. Until such consent has been reached, ASEAC shall decide at its discretion to be exercised in light of the circumstances of the case, what it will translate during the initial stage of the proceedings.
10. Value Added Tax
In addition to the costs set forth above, the parties shall be liable for Value Added Tax (VAT). The initial invoice shall be issued with German VAT. Parties from member states of the European Union, outside Germany, may request a refund and a corrected invoice without VAT if they prove to CEAC that they have a valid VAT-ID-number in their local jurisdiction which entitles them not to pay VAT in Germany. In such case, CEAC will refund the VAT after it has received it back from the German tax authorities. If the VAT-ID number is already communicated and proven at the time of the issuance of the initial invoice, such invoice shall be issued without VAT. Parties from states outside the European Union may claim a refund directly from the German Federal Central Tax Authority (Bundeszentralamt für Steuern, www.bzst.de) upon proof of the conditions for a refund as set forth by that tax authority. For arbitrators to which the VAT law of a member state of the European Union is applicable, the regime of sentences 1 through 6 also applies by analogy to the VAT on the arbitrators’ fees. For arbitrators from other jurisdictions, the applicable VAT regime determines on whether or not there may be a claim for restitution of the VAT from the competent tax authority.