Arbitration Costs and Fees
Article 1- Arbitration Costs are as follows:
Registration fee for arbitration, administration fee, arbitrator’s fee
a) Registration Fee for Arbitration (Non-Refundable)
Table 1
- Subject .............................................................................................................................Cost
- Internal arbitration (both parties to the dispute are Iranian)...................................... 2.000.000 Rials
- International arbitration (At least one party to the dispute are foreign) ................... 500 Euro
B) Administration Fee (Non-Refundable)
These costs include the fees of all administrative persons related to the management and administration of organizational arbitration, office and running charges of the organization and transportation cost within the city.
b-1) Administration Fee
Table 2
- Amounts of Claim (euro) ............................................... Cost (euro / percent)
- Up to 15.000 .................................................................... 4 %
- 15.001 to 25.000 ............................................................. 1.000
- 25.001 to 50.000 ............................................................. 2.000
- 50.001 to 100.000 ........................................................... 2.000+2.5% for excess of 50.000
- 100.001 to 500.000 ....................................................... 3.250+1.5% for excess of 100.000
- 500.001 to 1.000.000 ..................................................... 9.250+1% for excess of 500.000
- 1.000.001 to 2.000.000 ................................................ 14.250+0.5% for excess of 1.000.000
- 2.000.001 to 5.000.000 ............................................... 19.250+0.3% for excess of 2.000.000
- Above 5.000.001 ........................................................ 28.250+0.1% for excess of 5.000.000
- Ceiling payable amount in any way ......................... 90.000
The Secretary of arbitration may consider a discount of up to 30% for the Iranian parties to the dispute.
In cases where the amount of claim increases during the proceedings, the difference in administrative costs must be paid.
b-2) Arbitration Fee for Non-financial claims
Administration fee:
In case that the claim is not financial or determination of amount of claim is impossible, Administration fee will be 2.000 Euro.
Arbitrator's Fee:
Secretary of Arbitration, in consideration of the circumstances of the dispute, determine the reasonable and customary fee which is payable in equal by both parties.
In case that, up to the end of the first Hearing, the amount of claim is not determined, the abovementioned amount shall be remitted on account.
b-3) Cost of Appointing Arbitrator
If each party to the dispute request its arbitrator to be appointed by the CODAC, the related cost shall be payable as the following:
Table 3
- Arb. ..................... One.............................Two..............................Three..............................Per one more
- Foreign ............... 2.000 Euro.................. 2.500 Euro................. 3.000 Euro.................... 500 Euro
- Iranian..................10.000.000 Rials ....... 15.000.000 Rials ........ 20.000.000 Rials ........ 10.000.000 Rials
If the parties to the dispute request for the appointment of a sole arbitrator or presiding arbitrator, the appointment fee shall be paid by each party at the rate of half amounting fees listed in the table above (in Rials or Euros, as the case may be).
If, during arbitral proceeding, it is necessary to pay costs other than costs stated in the present Appendix, Secretary determine the related costs in compliance with custom and practice and the parties to the dispute shall pay the extra cost in equal; unless the parties to the dispute agreed otherwise or the Tribunal ordered otherwise. If the arbitral affairs necessitate departure abroad, such procedure is applicable for visa and out of pocket costs.
In the event of Ancillary claim, for each of the parties to the dispute added to the arbitration, the arbitration fee is calculated as one-third of the initial cost for each party added, and the cost obtained is divided equally among the parties to the dispute. The calculation model is as follows:
Cumulative Cost= Initial Arbitration costs+ number of parties added to the arbitration*one third of Initial Arbitration costs
Costs payable by each party to the dispute= Cumulative Cost/ number of parties to the dispute
Costs associated with Arbitration conducted through digital base or by use of virtual network (such as internet), are subject to this Rules and if extra costs occurred, in each special matter, CODAC may determine amount of such costs, in compliance with applicable custom and practice.
In cases that CODAC conduct arbitration in cooperation with such other arbitration centers or natural or legal persons, whether Iranian or foreign, in each case, arbitration costs shall be determined and obtained in accordance with the subject, volume of the work and provision of these Rules.
In case of reference of conciliation to the CODAC, Conciliation costs shall be the half of administration costs and arbitrator’s fees, as stated in tables 1, 2 and 3.
Allocation of costs and responsibility for payment by one or both parties to the dispute, shall be stated in arbitral award but If there is any agreement in contrary between the parties to the dispute, such arrangement shall prevails.
C- Arbitration Fee:
C-1- Sole Arbitration
Table 4
- Amount of claim (Euro) ............................ At least (Euro) ................ Utmost
- Up to 10.000 ................................................ 500 ................................. 15%
- From 10.001 to 25.000 ............................... 10% ................................. 14%
- From 25.001 to 50.000 ................................. 9% ................................. 13%
- From 50.001 to 100.000 ................................ 3% ................................... 8%
- From 100.001 to 500.000 .......................... 2.5% ................................... 5%
- From 500.001 to 1.000.000 ....................... 1.5% ................................... 3%
- From 1.000.001 to 5.000.000 .................. 0.75% ................................... 2%
- From 5.000.001 to 10.000.000 .................. 0.5% ................................... 1%
- From 10.000.001 to 50.000.000 .............. 0.35% .............................. 0.75%
- From 50.000.001 to 100.000.000 ............ 0.15% ................................ 0.4%
- Above 100.000.001 ................................... 0.1% .................................. 0.2%
The Secretary may consider discount up to 30 percent of the amounts determined in “at least” column.
C-2- Arbitration Fees in Closure of Arbitration
Table 5
- Subject ............................................................................. Atleast Fees ......................................................................... Utmost Fees
- Rendering Award ................................................................... Full Fees .............................................................................. Full Fees
- Rendering separated Award (Consolidation and class action)..... 2% of the Full Fees ........................................................... 5% of the Full Fees
- Closure of Proceeding (before rendering Award) ...... 5% of the Full Fees, for each convened session ............... Three quarters of Full Fees
- Writ of Lack of Jurisdiction ............. 5% of the Full Fees, for each convened session .......................... One quarter of Full Fees
- Final Writ .................................................... 5% of the Full Fees, for each convened session .......................... Half of Full Fees
- Conciliation out of CODAC ................ 5% of the Full Fees, for each convened session .....................Three quarters of Full Fees
Arbitrator’s Fees in Panel of Arbitrators:
70% shall be added cumulatively to the Panel of Arbitrators’ Fees, in which case 40% for presiding arbitrator and 30% for each parties’ appointed arbitrator, unless otherwise agreed by the parties and the arbitrators.
For each arbitrator added to the panel of arbitrators (ie, 3 arbitrators), 20% will be added to the above 70%. The fee will be divided in such a way that the presiding arbitrator receives ten percent more than any other arbitrator.
Arbitration Fess, in case that the relief sought is not financial or determination of value of relief sought is impossible:
Table 6
- Subject .................................................... Fees
- Internal Arbitration .................................. Utmost 100.000.000.00 Tomans
- International Arbitration .......................... Utmost 1500 Euro
The Secretary determines some reasonable and appropriate amount in accordance with the circumstances of the case and the parties to the dispute shall pay it in equal.
D- Arbitrator’s Aids
Aids’ Fees shall be as follows:
D-1- Official Aid: as per the price list declared by the Judicial System of I.R. of Iran.
D-2- Non-official Aid: in comparison with the abovementioned pricelist and not exceeding the three quarters of the Official Aid.
D-3- Foreign Aid: it would be determined by the Secretary.
E- Class Action Arbitration
E-1- Registration Fee for Arbitration
Table 7
- Subject .................................................... Costs (per person)
- Internal Arbitration .................................. 2.000.000.00 Rials
- International Arbitration .......................... 500 Euro
E-2- Administration Fee
Table 8
- Subject ................................................. Costs (per person)
- Up to 25 persons .................................. 20% less than the prime rate mentioned in Table 2
- Above 26 persons ................................. 30% less than the prime rate mentioned in Table 2
E-3- Arbitrator’s Fees
Table 9
- Subject ................................................. Costs (per person)
- Up to 25 persons .................................. 30% less than the prime rate mentioned in Table 2
- Above 26 persons ................................. 40% less than the prime rate mentioned in Table 2
E-4- Cost of Appointing Arbitrator
As per Table 3 and the parties’ responsibility is equal.
Table 10
- Subject ..................................................... Fees
- Internal Arbitration .................................. Utmost 10.000.000.00 Rials
- International Arbitration ........................... Utmost 2.000 Euro
G- Expedited Procedure
Claims brought with the brief sought up to the 15.000 Euro may subject the expedited procedure according to Article 29 of the Rules. Such ceiling amount may be adjusted annually which is declared in Club official website.
Administration and arbitrator’s fees are as follows:
Table 11
- Subject ........................................ Fees
- Administration fees .................. costs Calculated as per the related table+30% of the concerned costs
- Arbitrator’s fees .......................... costs Calculated as per the related table+30% of the concerned costs
- Aid’s Fees .................................... costs Calculated as per the sub-article 1-d of the present annex+30% of the concerned costs
Note: Other costs shall be calculated as common proceeding.
H- Joinder and Summoning additional Party
H-1- Administration Costs
For each person joining or summoning, 10% of the previously determined administrative cost will be added to the final administrative cost. The joined or summoned party will be liable to pay the administrative costs equally with the other parties to the dispute.
H-1- Arbitrator’s Fees
As per sub-article C-2, unless joined or summoned party has nominated the arbitrators appointed by the parties to the dispute, in which case joined or summoned party and the respected party to the dispute shall pay arbitrator’s fees in equal.
I- Costs of Re-constitution of Tribunal
I-1- Administration Costs
20% of the pre-determined administration costs shall be added to the administration costs for reconstitution of Tribunal, but the previously paid costs shall be admissible.
I-1- Arbitrator’s Fees
As per the Table 4
J- Conciliation
J-1- Direct Conciliation
Administration costs and arbitrator’s fees shall be determined equal to the respected tables under this Annex.
J-1- Conciliation during Arbitral Proceeding
- Conciliation through CODAC
Conciliation costs shall be the half of the other arbitration costs.
- No reach to conciliation and return to the arbitration
Conciliation costs shall be one third of the other arbitration costs and the balance of arbitration costs shall be as calculated before the reference to the conciliation.
- Conciliation out of CODAC
The Secretary, on its discretion, shall determine the arbitration costs appropriately.
- Abandonment of arbitration for three months after reference to the conciliation
The Secretary, on its discretion, shall determine the arbitration costs appropriately.
K- Extra Costs
If the conduct of arbitration requires costs in excess of the tables in the present Annex, including the cost of relocation of arbitration, the cost of suburban commuting, accommodation and etc., the parties to the dispute are obliged to pay those costs in equal; except for the costs of the parties respected arbitrator, which will be paid only by the relevant party.
L- Contingency Damage deposited for issuance of Sought Security and Provisional Decision
The Tribunal, on its discretion, shall determine such damage.
M- Ombudsman
All costs and fees shall be determined by mutual consent between CODAC and the respected entity or organization.
N- Arbitral Opinion
Administration costs and arbitrator’s fees shall be one third of the amounts mentioned in tables under this Annex.
Article 2- Terms of Payment
A- Stage and time for payment of arbitration costs and fees are as follows:
A-1- 50% of the costs and fees before constitution of Tribunal.
A-2- The balance of 50% of the costs and fees before rendering award.
Note: Amount on account may be payable (as the case maybe) according to the opinion of Secretary.
B- If each party to the dispute shall not pay all or portion of its share of arbitration costs and fees, the other party to the dispute may pay share percentage of the non-paying party and demand Tribunal to incorporate such costs and fees as judgement debt in the Award. In anyway, so long as the specified costs and fees have not been paid, arbitral proceeding and rendering award would be suspended.
C- Tax and Legal Duties:
All payment under the Rules is subject to VAT.
D- Exchange rate under the Rules, shall be as declared in the following website:
https://www.mex.co.ir/