广州仲裁委员会仲裁收费办法EnglishiVersion.doc

广州仲裁委员会仲裁收费办法Englishi VersionArbitration Fee Collection Measures of Guangzhou Arbitration Commission 加入时间 : 2008-04-01 10:59:53 Article 1 These Measures are formulated for the purpose of regulating the collectionof arbitration fees by the arbitration commissions. Article 2 When a party applies for arbitration, he shall pay arbitration fees to thearbitration commission in accordance with the provisions of these Measures.Arbitration fees shall include fees for accepting a case and for processing a case. Article 3 The fees for accepting a case shall be used to pay the arbitrators andmaintain the necessary expenditures for normal operation of the arbitrationcommission Article 4 The applicant shall, within 15 days of receiving the acceptance notificationfrom the arbitration commission, pay in advance the fees for accepting the case inaccordance with the provisions of the Table of Fees for Accepting Arbitration Cases.The respondent shall, while in the process of raising a counter-claim, pay in advancethe fees for accepting the case in accordance with the provisions of the Table of Feesfor Accepting Arbitration Cases.A detailed fee standard for accepting cases shall be determined by the arbitrationcommission within the extent described in the Table of Fees for Accepting ArbitrationCases, and reported to the price administration department of the peoplesgovernments of the province, autonomous region or municipality directly under thecentral government where the arbitration commission is located for examination andapproval. Article 5 The dispute amount mentioned in the Table of Fees for AcceptingArbitration Cases shall be the amount applied for by the applicant: if the amountapplied for is inconsistent with the factual dispute amount, the factual dispute amountshall be used.If the dispute amount has not yet been determined when an arbitration is requested,the arbitration commission shall, on the basis of the specific rights and interestsinvolved in the dispute, determine the fee to be paid in advance for accepting the case. Article 6 If a party has difficulties in paying the fee for accepting the case, the partymay apply for delay of payment, which may be granted with the approval of thearbitration commission.If a party neither pays the fee for accepting the case within the period set forth inParagraph I of Article 4, nor applies for a delay of payment, it shall be deemed thatthe application for arbitration is withdrawn.Article 7 The fees for processing the case shall include:1. the living, transportation, and other reasonable expenses required for the arbitratorsbusiness trip or hearing for processing of the arbitration case;2. the living and transportation expenses and compensation for witnesses, identifiers.translators, and other persons whose presence is necessary in the hearing;3. fees for consultation, appraisal, examination, and translation;4. expenses for duplication or service of the materials or documents involved in thecase; and5. other reasonable expenses that should be borne by the parties.The fees for processing the case described in Items (2) and (3) of this Article shall bepaid in advance by the party who raises the application. Article 8 The fee standards for processing cases shall be carried out according to therelevant state provisions; in the absence of state provisions, fees shall be chargedaccording to actual reasonable expenditures. Article 9 The arbitration expenses shall, in principle, be borne by the losing party: ifa party partially wins and partially loses the case, the arbitration tribunal shalldetermine the proportion of arbitration fees to be borne by each party according to thedegree of liability of each party. If the parties become reconciled or the case is settledthrough conciliation by the arbitration tribunal, the parties may make an agreement ofthe proportion of the arbitration expenses to be borne by each party.The arbitration tribunal shall state clearly in the conciliation statement or award thefinal amount of arbitration expenses to be paid by each party. Article 10 No fees shall be charged by the arbitration commission when thearbitration tribunal agrees to conduct rearbitration under Article 61 of the ArbitrationLaw.No fees shall be charged by the arbitration tribunal for any legal correction of literalor computational errors, or of addition of items that were adjudicated but failed to beincluded in the award. Article II If an applicant has been notified in writing to appear in the hearings butfails to do so without justified reason, or if the applicant exits the hearings midwaywithout permission of the arbitration, tribunal, it shall be deemed that the applicationfor arbitration has been withdrawn, and the fees either for accepting the case or forprocessing the case shall not be returned. Article 12 If the applicant withdraws the application or the parties reach areconciliation on their own initiative after the arbitration commission accepts anapplication but before the formation of the arbitration tribunal, the fees for acceptingthe case shall be returned upon withdrawl of the arbitration application.If the applicant withdraws the arbitration application or the parties reach areconciliation on their own initiative following the formation of the arbitrationtribunal, a portion of the fees for accepting the case shall be returned on the basis ofthe factual situation upon withdrawal of the arbitration application. Article 13 The provisions of Articles 5 and 12 are applicable to cases where therespondent raises a counter-claim. Article 14 When the arbitration commission collects the fee for accepting a case, itshall use the standardized fee receipt documents printed by the financial departmentof the peoples government of province, autonomous region or municipality directlyunder the central government where the arbitration commission is located. Thearbitration co