Contact

Boulevard des Philosophes 7

1205 Geneva

Switzerland

www.caspian-arbitration.com

info@caspian-arbitration.com

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CAS fees

Where the CAS Rules apply, the parties shall be liable to pay the fees set out in this schedule to the Tribunal and the Caspian Arbitration Society.

 

Commencement fee

 

  1. The party commencing arbitration under these Rules shall pay US$1,000 to the Caspian Arbitration Society.

  2. In the event that arbitration proceedings are commenced without reference to these Rules, but the parties subsequently agree or the Tribunal determines that these Rules apply, then the US$1,000 fee shall be payable by the parties in equal shares forthwith from their agreement that these Rules apply or the Tribunal's ruling to this effect.

 

Appointment fee

 

  1. Each appointed arbitrator and umpire shall be paid an appointment fee of US$1,000. 

  2. Where an arbitrator is appointed by a party, the party shall pay the arbitrator's appointment fee to the account specified by the arbitrator.

  3. Where an arbitrator or umpire is nominated other than by a party, the parties shall pay their appointment fee in equal shares.

 

Advisory Board's fee

 

  1. In the event that the Advisory Board is required to take any action pursuant to these Rules, the parties shall pay the Caspian Arbitration Society the following fees for the Advisory Board's services:

  a. US$1,500 for any arbitral appointment pursuant to these Rules;

  b. US$15,000 for a decision on any Application or Challenge pursuant to Article 21.5 of these Rules;

  c. US$6,000 for any other decision.

 

Payment of the Tribunal's fees

 

  1. Each arbitrator and umpire shall promptly confirm their hourly rates to the parties upon appointment.

  2. The Tribunal may at any time require a payment on account of its fees and expenses, covering up to 60 hours of work of each member of the Tribunal and an umpire. Where the funds have been used, the Tribunal may require further payments on account so that the Tribunal is always in funds up to the date of the final award.

  3. Where the Tribunal does not require payment on account, or where the fees incurred by the Tribunal exceed the payment on account received, the Tribunal may require the parties to cover any fees incurred to date.

  4. The parties shall be entitled to ask the Tribunal to provide interim accounts of the fees incurred by them at intervals which shall not be less than three months.

 

Booking fee

 

  1. Upon the hearing dates being fixed, the parties shall pay the Tribunal the booking fee in equal proportions (i.e. 50% the Claimant or Claimants and 50% the Respondent or Respondents). The booking fee shall be in the amount of the combined hourly rates of each member of the Tribunal multiplied by eight and multiplied by the number of hearing days.

  2. In the event that the hearing is rescheduled or cancelled 2 months or more prior to the first date of the hearing, the Tribunal shall refund the parties the booking fee in full. 

  3. In the event that the hearing is rescheduled or cancelled 6 weeks or more (but less than 2 months) prior to the first date of the hearing, the Tribunal shall refund the parties 50% of the booking fee.

  4. In the event that the hearing is rescheduled or cancelled four weeks or more (but less than 6 weeks) prior to the first date of the hearing, the Tribunal shall refund the parties 25% of the booking fee.

  5. If the hearing is cancelled less than four weeks prior to the hearing, the booking fee shall not be refundable.

 

Caspian Arbitration Society fee

 

  1. In addition to the commencement fee and any fees chargeable by the Advisory Board, the parties shall pay the Caspian Arbitration Society 10% of the overall fees chargeable pursuant to sections 2, 4 and 5 of this Schedule of Fees. Payment shall be made by the parties in equal proportions, i.e. 50% by the Claimant or Claimants and 50% by the Respondent or Respondents.

  2. The Tribunal shall request that the parties pay those fees at the same time as the Tribunal asks for payment of its own fees and/or expenses or requires a payment on account. For example, if the Tribunal requests an appointment fee of US$3,000 (i.e. US$1,000 per each member of a three-member Tribunal) and a payment on account of US$10,000, the Tribunal shall at the same time request that the parties pay the Caspian Arbitration Society US$1,300.

  3. Payment shall be made to the bank account specified by the Caspian Arbitration Society, identifying the reference number of the arbitration proceedings.

 

Payment default

 

  1. In the event that a party from whom payment is due under these Rules fails to make such payment within the time specified by the Tribunal or these Rules, the Tribunal may order the other party or parties to make such payment within 14 days. In the event that payment is not made within 14 days, the Tribunal shall suspend proceedings. In the event that payment is not made within 28 days of the Tribunal's order the Tribunal shall terminate proceedings.

  2. Where proceedings are conducted under these Rules, but the parties fail to make payments to CAS pursuant to these Rules, the Tribunal shall lose jurisdiction to determine the dispute. Where the Tribunal issues an award, but the parties subsequently fail to cover any fees due to CAS, the award shall be of no effect and/or shall become void within 28 days of the date on which the CAS fees should have been paid.

  3. Where a party ("Party A") fails to make payment under these Rules, and the other party ("Party B") makes payment on Party A's behalf, the Tribunal shall, upon an application of Party B, issue an award in favour of Party B for any amounts paid by Party B to cover Party A's obligations under these Rules. The award shall be made without a hearing.