Principles Governing the Costs of on-line Arbitral Proceedings
(Annex to the on-line Rules)
Sec. 1
Costs of Arbitral Proceedings
(1) The costs of on-line arbitral proceedings shall include:
(a) the fees of arbitral proceedings (arbitration fees) in accordance with Secs. 2 and
3 of these Rules,
(b) specific costs incurred by the Arbitration Court, and
(c) proper costs incurred by the parties.
(2) The arbitration fees in accordance with paragraph 1 lit. a) of the present Section shall partly cover the general costs connected with the Arbitration Court activities. An arbitration fee shall be collected in respect of any dispute commenced.
(3) Specific costs incurred by the Arbitration Court are costs incurred pending the individual case for taking evidence, paying the remuneration to the expert witnesses, holding hearings outside the seat of the Arbitration Court, making translations of documents, paying the fees of interpreters, travelling costs of arbitrators, etc. These specific costs shall be paid in amounts, actually incurred.
(4) The proper expenditures of the parties (proper costs) shall be the expenditures incurred by the parties in connection with defending their interests (travelling costs, fees of their counsels, etc.).
Sec. 2
Determination and Payment of Arbitration Fees
(1) In consideration of the Arbitration Court trying the case, an arbitration fee, calculated on the value of the subject-matter of the claim shall be collected. This fee shall be paid by the Plaintiff when filing his Statement of Claim. Similarly, the Defendant filing a counterclaim or raising a plea of set-off under Sec. 28 paragraph (3) of the Rules of the Arbitration Court shall pay the arbitration fee. Until the arbitration fee is paid, the Statement of claim or the counterclaim, as the case may be, or the plea of a set-off shall not be tried; if the arbitration fee is not paid even in an additional period of time, the arbitration proceedings shall be discontinued.
(2) The third party, whose participation was admitted under Sec.13 paragraph 1 of the Rules, is also obliged to pay the arbitral fee based on the value of the subject of the dispute. Until the third party pays this fee, he shall not be admitted to the trial of the case.
(3) The amount of the arbitration fee shall be determined in dependence of the value of the claim in Czech crowns (CZK), in accordance with the tariff of the arbitration fees, attached hereto as Schedule hereof. The amount of the arbitration fee of the third party amounts to one third of the amount of the arbitration fee of a regular party according to that Schedule, however, at least to the minimum amount of the fee according to the Schedule.
(4) If the documents underlying the dispute are not in Czech or if a decision is being made in any other language than in Czech (or Slovak) language according to Section 7 of the Rules, the arbitration fee shall be increased by 100%. Until the increased arbitration fee is paid, the matter shall not be tried.
(5) The arbitration fee shall be deemed to be paid upon its being received by the Arbitration Court or upon its being credited to its banking account.
(6) In case the arbitrator issues the ruling (order) according to Section 3 paragraph 4 of the on-line Rules, the Claimant shall pay the remainder of the amount of the arbitration fee determined in accordance with the Schedule of costs of arbitral proceedings regarding domestic disputes within a period set by the Secretary of the Court, or by the arbitrator, otherwise without delay following the receipt.
Sec. 3
Arbitration Fee in Case of Counter-claim or in Respect of Pleas of Set-Off
(1) The same provisions governing the arbitration fee in case of the main claim being brought in the Arbitration Court shall apply to any counter-claims, too.
(2) Similarly, the same provisions governing the arbitration fee payable for the main claim (statement of claim) shall apply to the raised plea of set-off under Sec. 28 paragraph (3) of the Rules. The defendants, raising the plea of set-off under said Section 28 paragraph 3 of the Rules shall pay the fee, calculated on hand of the value of the claim set-off in accordance with the Schedule. Unless the fee is paid, the plea of set-off shall not be tried. If the fee is not paid even within an extended term, the proceedings in respect of the plea of set-off shall be discontinued.
Sec. 4
Splitting of the Arbitration Fee
(1) The arbitration fee shall, as a rule, be borne by the party who loses the case.
(2) If the Plaintiff is succesful only partially, the arbitration fee shall be split between the parties in a proportion corresponding to the awarded and rejected part of the relief sought.
(3) Parties shall be free to agree on a manner of splitting the arbitration fee between themselves otherwise than provided in paragraphs (1) and (2) of the present Section.
Sec. 5
Specific Costs
(1) In addition, the parties shall advance reasonable funds to the Arbitration Court to cover specific costs of the Arbitration Court under Sec. 1 paragraph (3) hereof incurred in trying individual cases. Such advances have to be paid within the term and in the amount determined by the arbitrator, or the Secretary. This duty may be imposed on one single party only who initiated such costs or, if same are incurred for its benefit. Unless the advance determined is paid, steps for the coverage of which it is destined shall not be carried out.
(2) If, pending the proceedings, an increase of the advance for specific costs becomes necessary because the amount thereof set forth as per paragraph (1) of the present Section is unable to cover same, the parties or the party, who initiated the costs or for whose benefit they are being incurred, shall, upon request of the arbitrator or the Secretary, pay (even repeatedly) further advances within the term fixed. If no such monies are advanced, the last sentence of paragraph (1) of the present Section shall apply accordingly.
(3) The final decision on specific costs shall be taken in the arbitral award or the ruling (order) of discontinuance (Sec. 33 of the Rules). Sec. 4 hereof, on splitting of the arbitration fee shall govern the duty to pay said specific costs accordingly, save for the exceptions in paragraphs (4) of the present Section.
(4) Specific costs incurred by the Arbitration Court regarding the interpreters or translators services into a language other than the language in which the proceedings are conducted, shall be borne by the party having made the request.
Sec. 6
Proper Costs of the Parties
As a rule, each party shall bear itself the costs incurred by it. In the arbitral award or the ruling (order) of discontinuance a coverage of these costs in a common amount may be adjudicated to such party, as a rule according to the success in the dispute.
Sec. 7
Exceptions
As exception from the provisions set forth in Secs. 4 hereof, the Arbitration Court shall be free to impose a duty to pay the costs of the other party incurred by it in vain as result of unnecessary of reckless steps by that party. Such unnecessary or reckless steps shall mean steps causing unnecessary costs to the other party in connection with taking steps in the proceedings that were unnecessary, particularly by circumstances leading to unjustified prolongation of the proceedings.
Sec. 8
Providing copies
There is a fee for providing copies of documents in writing according to Section 15 paragraph (2) of the on-line Rules, which amounts to 20,-CZK per each authenticated copy of a page of a document in the sheet size of the A4 format.
Sec. 9
Schedule of Costs
The Schedule of Costs of Arbitral Proceedings shall form an integral part of the present Principles.
Sec. 10
Validity and Effectivity
The present Principles Governing the Costs of on-line Arbitral Proceedings shall enter into force and shall be effective as of June 1st, 2004.
Schedule of Costs of on-line Arbitral Proceedings
(Annex to the principles governing the costs of on-line arbitral proceedings)
Arbitration fee 3 % from the value in dispute (sub. Section 18 of the Rules), however at
least
3 000,-CZK, at most 1 000 000,-CZK.