ARTICLE 1. TERMS DEFINITION
1. «Formation fee» is a fee paid during Issuing Claim Forms to the ICA "JUS GENTIUM" to cover expenses arising before the arbitration litigation.
2. «Arbitration fee» is a fee charged for each filed to ICA "JUS GENTIUM" claim to cover the common costs of ICA "JUS GENTIUM" (in particular, the fees of the arbitrators, the remuneration of the registry, the costs of organizing the arbitration, etc.).
3. «Additional costs of ICA «JUS GENTIUM» are the special costs that ICA "JUS GENTIUM" bear in relation to a particular case (in particular the costs of conducting the examination and the translations, the remuneration of the experts, the interpreters, the reimbursement of witness expenses, travel expenses, etc.).
4. «Expenses of the parties » are the costs of defending parties interests during the litigation in thr ICA "JUS GENTIUM", in addition to the expenses specified in the preceding paragraphs of this article.
ARTICLE 2. FORMATION FEE
1. The formation fee should be paid in the amount of 50,000 tenge.
2. In arbitration cases, the formation fee may be paid in foreign currency at the official rate of the National Bank of the Republic of Kazakhstan set at the date of the claim if it does not contradict the currency legislation of Kazakhstan.
3. In the subsequent payment of the arbitration fee, the formation fee shall be counted in the amount of the arbitration fee.
4. The formation fee is non-refundable.
ARTICLE 3. ARBITRATION FEE
1. The arbitration fee is calculated on the basis of claim amount in accordance with these requirements:
1) Arbitration fee for cases involving non-resident parties is calculated in USD according to the following scale:
Amount of claim (USD)
Arbitration fee, as a percentage of the claim amount (single arbiter) is
Up to 10000 - 700 USD
From 10 001 to 50,000 is 700USD + 2,9% from the amount above 10 000 USD
From 50 001 to 100 000 is 2,7%
From 100 001 to 200 000 is 2,5%
From 200 001 to 500 000 is 2,3%
From 500 001 to 1 000 000 is 2,2%
From 1 000 001 to 2 000 000 is 2%
Over 2 000 001 is 1,5%
2) Arbitration fee, in disputes between residents, is calculated in tenge in accordance with the following scale:
Amount of claim, in tenge the arbitration fee as a percentage of the amount of the claim
up to 1 000 000 - 50 000
From 1 000 001 to 5 000 000 is 50 000 tenge + 2,9% from the amount above 1 000 000 tenge
From 5 000 001 to 10 000 001 is 2,7%
From 10 000 001 to 15 000 000 is 2,5%
From 15 000 001 to 25 000 000 is 2,4%
From 25 000 001 to 70 000 000 is 2,3%
From 70 000 001 to 150 000 000 is 2,2%
From 150 000 001 to 500 000 000 is 2%
From 500 000 001 to 1 000 000 000 is 1,8%
Over 1 000 000 001 is 1,5%
2. If the parties agree to hear a case by an arbitration panel of three or more arbitrators, the arbitration fee is doubled.
3. Taking into account the complexity of the case, the significantly increased time and costs associated with arbitration, the chairman of ICA "JUS GENTIUM" has the right to increase the amount of the arbitration fee.
4. The arbitration fee shall be paid during the Issuing Claim Form. The chairman of ICA "JUS GENTIUM" has the right, at the plaintiff's request, to settle the payment of the arbitration fee. However, the amount of the initial contribution should normally not be less than 50% of the total amount of the arbitration fee.
5. The arbitration fee is paid in Kazakhstan tenge if the claim price is expressed in Kazakhstan tenge. The official course of the National Bank of the Republic of Kazakhstan, established on the date of the claim, is applied for recalculation to the foreign currency. At the request of the plaintiff, the arbitration fee may be paid in foreign currency if it does not contradict to currency legislation of Kazakhstan.
6. An arbitration fee is paid in a foreign currency if the claim price is in foreign currency. The market exchange rate applied in the manner prescribed by the National Bank of the Republic of Kazakhstan at the date of the claim is applied for recalculation to the foreign currency
7. The arbitration fee, according to the requirements of the of a non-monetary nature, is:
а) for disputes involving non-residents-1,000 (one thousand) USD;
б) for disputes between non-residents: 200,000 (two hundred thousand) tenge.
9. With applications for the issuance of copies (duplicates) of arbitral awards, definitions and other orders of arbitration, as well as copies of other documents from a case issued by the court at the request of the parties and others involved in the case amounts to 5,000 (five thousand) tenge. The deadline for the copies documents issuance is 5 working days from the time of application and payment of the service.
ARTICLE 4. THE DECREASE OF ARBITRATION FEE AMOUNT
1. If the plaintiff withdrew the claim before the summons for the hearing, the arbitration fee is reduced by 50%.
2. If the plaintiff withdrew the claim after the summons, but before the day of the first hearing because the parties have settled the dispute peacefully, as well as in other cases in which ICA "JUS GENTIUM" has received a statement before the specified day on the refusal of the parties to settle the disputes in ICA "JUS GENTIUM", the arbitration fee is reduced by 25 per cent.
3. In the cases provided in paragraphs 1 and 2 of this article, the decrease of the arbitration fee or its return shall be reflected in the decision or determination to discontinue the proceedings. If the case termination of examination before the formation of the arbitral tribunal, the decision about reduction of the arbitration fee or its return shall be adopted by the Chairman of ICA "JUS GENTIUM".
4. The Statutes of paragraphs 1-2 of this article on the arbitration fee decrease or its return are not applied to the formation fee (Article 2 of this Statute).
5. In exceptional cases, on the basis of the plaintiff's reasoned application, the ICA "JUS GENTIUM" chairman is entitled to consider the possibility of fee amount established by this Rules.
ARTICLE 5. ARBITRATION FEE FOR THE COUNTER-CLAIM
1.The same rules of arbitration as to the initial claim are applied to the counter-claim.
ARTICLE 6. ARBITRATION FEE ALLOCATION BETWEEN THE PARTIES
1. If the parties did not agree, party against whom the arbitral award was made would be responsible for the arbitration and formation fees.
2. If the claim is partially satisfied, the arbitration, including the registration fee, is imposed on the defendant in proportion to the amount of the claims satisfied and the plaintiff is proportional to the portion of the claims in which the claim is not satisfied.
3. According to the plaintiff`s request the ICA "JUS GENTIUM" issues the order to collect from the defendant all the expenses incurred by the plaintiff in relation to the arbitration proceedings, including the costs of the representative's assistance if the plaintiff has refused of his demands as a result of the defendant's voluntary satisfaction after the presentation of the claim,
4. If the dispute occurred as a result of a violation by the person involved in the case, claim or other pretrial procedure for the settlement of the dispute, including but not limited to the following: violations of the time of submission of the claim, abandonment of the claim, the composition of the arbitral tribunal is entitled to attribute to that person (party) all the costs associated with the arbitration proceedings, irrespective of the outcome of the case.
5. The arbitration panel has the right to attribute all costs associating with arbitral litigation to the person (party) abusing the procedural rights or the procedural obligations including in the case of failure to provide evidence at the request of the composition of the arbitral tribunal, the submission of evidence in violation of the court's deadline and the procedure established by this Regulation for the presentation of evidence without valid reasons, if this has resulted in prolongation of the proceedings, breach of the rules of conduct in arbitration prevent the consideration of the case and the adoption of a legitimate and informed decision.
ARTICLE 7. THE COVERING OF ADDITIONAL ICA «JUS GENTIUM» EXPENSES
1. ICA «JUS GENTIUM» may impose an obligation on the parties or on one of them to make an advance payment to cover the additional costs of the arbitration proceedings.
2. The advance payment to cover the additional costs may be demanded by ICA "JUS GENTIUM" from the party who stated that there was a need to proceed with the dispute proceedings, which could cause additional costs if such a declaration were deemed justified. ICA "JUS GENTIUM", could make such action conditional on the party making an advance for the reimbursement of additional expenses within the prescribed time limit.
3. If the party requires to involve the arbitrator, who has a permanent seat outside the place of ICA "JUS GENTIUM", it should make an advance payment of the costs of his participation in the arbitration litigation (travel, residence, etc.). If such person is chosen by chairman of the arbitration, the advance payment for the costs of his or her participation in the arbitration litigation must be paid in equal shares by each of the parties. The plaintiff is responsible for the advance payment if the defendant does not make an advance payment in the prescribed time.
4. If one of the parties during the litigation requires to translate the explanations of the parties, their statements, etc as well as the questions, explanations and instructions of the arbitration panel, the cost of the translation shall be paid by that party. If the litigation is held not in Russian, according to the parties agreement, the payment of the possible translation costs may be imposed equal to each of the parties. ICA "JUS GENTIUM" may require the concerned party or parties to make an advance payment for these expenses. The same rules apply to the translation of decisions of ICA "JUS GENTIUM".
5. The allocation of the additional costs of ICA "JUS GENTIUM" between the parties is carried out in accordance with the rules of article 6 of this Regulation. The costs referred to in paragraph (1) of this article shall be borne by the party declared the request for the services of an interpreter.
ARTICLE 8. PROCEDURE FOR THE PAYMENT OF THE ARBITRATION EXPENSES AND CHARGES AMOUNTS
1. The amounts of the arbitration expenses and charges due to ICA "JUS GENTIUM" are considered to be paid at the date of their induction to the ICA "JUS GENTIUM" account.
2. The expenses of bank transfers of the arbitration expenses and charges amounts paid to ICA "JUS GENTIUM" are charged to the party making the relevant payment
ARTICLE 9. THE EXPENSES OF THE PARTIES
1. The party in favor of which a decision was made can demand the other party to recover the reasonable costs incurred in connection with the arbitration litigation, in particular the costs of defending its interests through representatives.
ARTICLE 10. A DIFFERENT ALLOCATION OF ARBITRATION COSTS AND FEES
1. In the circumstances of the particular case, the arbitration panel or the chairman of ICA "JUS GENTIUM" may establish a different from specified in the current Statute allocation of arbitration fee between the parties, the additional costs of ICA "JUS GENTIUM" and the expenses of the parties. For example it can oblige one party to recover an extra expenses of the other party, caused by impractical or unfair actions, including actions that caused the unjustified delay in the arbitration litigation.