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Rates and details of payment of arbitration fee

The arbitration fee shall cover the fees of an arbitrator for hearing and deciding the Dispute.

The residents of Ukraine shall pay the registration fee, the administration fee and the arbitration fee in Ukrainian Hryvnia at the exchange rate set by the National Bank of Ukraine on the day of payment to the banking account indicated on the web-site of the Secretariat or specified in the notice from the Secretariat.
 
Non-residents of Ukraine shall pay the registration fee, the administration fee and the arbitration fee in a freely convertible currency to the banking account  indicated on the web-site of the Secretariat or specified in the notice from the Secretariat.
 
When making each payment, a Party shall indicate its name, the type of fee, the case reference, if available, and the beneficiary of the payment.

Registration Fee

A registration fee in amount of USD 500 shall be paid in the following two circumstances:
  • Pursuant to the General Procedure, by the Claimant when filing the Notice of Arbitration in accordance with Article 7 of the Rules;
  • Pursuant to the Procedure for Approval of Restructuring Plan, by the Debtor or the Involved Creditor upon receipt from the Secretariat of a request in accordance with Article 35 of the Rules.
Administration Fee

An administration fee shall be paid in the following two circumstances:
  • Pursuant to the General Procedure, by the Claimant upon receipt of a notification from the Secretariat in accordance with Article 15 of the Rules or, in case of counterclaim, by the Respondent upon receipt of the respective notification from the Secretariat in accordance with Article 19 of the Rules;
  • Pursuant to the Procedure for Approval of Restructuring Plan, by the Debtor or the Involved Creditor upon receipt from the Secretariat of the respective request in accordance with Article 35 of the Rules.
In the General Procedure and in the Procedure for Approval of Restructuring Plan, the amount of the administration fee shall be calculated by the Arbitration Committee in accordance with the following schedule.

Schedule for Calculation of the Administration Fee 
Amount of Dispute (USD) Administration Fee
  USD 500
500 001 – 5 000 000 USD 500 + 0.033% of the amount >500,000
5 000 001 – 10 000 000 USD 1,985 + 0.02% of the amount >5,000,000
10 000 001 - 50 000 000 USD 3,000 + 0.005% of the amount >10,000,000
>50 000 000 USD 5,000

In Disputes relating to the amount of creditors’ claims, only the disputed part of the creditors’ claims shall be taken into account for the purposes of calculation of the Administration Fee.

In Disputes relating to disagreements between the Involved Creditors in relation to the approval and/or amendment of the approved Restructuring Plan by the requisite number of votes, only the amount of claims of those Involved Creditors which are entitled to vote but did not participate in voting or voted against approval of the Restructuring Plan shall be taken into account for the purposes of calculation of the Administration Fee.

In case of claims having no monetary value, the administration fee shall be USD 1,000.

Arbitration Fee

An arbitration fee shall be paid:
  • Pursuant to the General Procedure, by the Claimant upon receipt of the respective notification from the Secretariat in accordance with Article 15 of the Rules or, in case of counterclaim, by the Respondent upon receipt of the respective notification from the Secretariat in accordance with Article 19 of the Rules;
  • Pursuant to the Procedure for Approval of the Restructuring Plan, by the Debtor or the Involved Creditor upon receipt from the Secretariat of the respective request in accordance with Article 35 of the Rules.

In the General Procedure and in the Procedure for Approval of Restructuring Plan, the amount of the administration fee shall be calculated by the Arbitration Committee pursuant to the following schedule.

Schedule for Calculation of the Arbitration Fee 
Amount of dispute (USD) Arbitration fee
  USD 3,000
500 001 – 5 000 000 USD 7,000 + 0,089% of the amount >500,000
5 000 001 – 10 000 000 USD 11,000 + 0,08% of the amount >5,000,000
10 000 001 - 50 000 000 USD 15,000 + 0,0125% of the amount >10,000,000
50 000 001 – 100 000 000 USD 20,000 + 0,01% of the amount >50,000,000
>100 000 000 USD 25,000

In Disputes relating to the amount of creditors’ claims, only the disputed part of the creditors’ claims shall be taken into account for the purposes of calculation of the Arbitration Fee.

In Disputes relating to disagreements between the Involved Creditors in relation to the approval or amendment of the approved Restructuring Plan by the requisite number of votes, only the amount of claims of those Involved Creditors, which are entitled to vote but did not participate in voting or voted against approval of the Restructuring Plan, shall be taken into account for the purposes of calculation of the Arbitration Fee.

In case of claims having no monetary value, the arbitration fee shall be USD 5,000.
The project is funded by a grant received from the European Bank for Reconstruction and Development under the Shareholder Special Fund.
The project is implemented by the administrative and financial support of NABU.