• Fee shedule

    Schedule of Fees and Costs of Arbitration

    Article 1 Arbitration Fees and Costs for the International and Foreign-related Cases and Cases related to the Hong Kong Special Administrative Region, the Macao Special Administrative Region and Taiwan Region


    Schedule I


    Amount in Dispute (“AID”) (“RMB”)

    Arbitration Fees and Costs (“RMB”)

    1,000,000 and below

    3.5% of the AID, minimum 10,000

    1,000,001 to 5,000,000

    (inclusive of 5,000,000)

    35,000 plus 2.5% of the AID above 1,000,000

    5,000,001 to 10,000,000

    (inclusive of 10,000,000)

    135,000 plus 1.5% of the AID above 5,000,000

    10,000,001 to 50,000,000

    (inclusive of 50,000,000)

    210,000 plus 1% of the AID above 10,000,000

    above 50,000,000

    610,000plus0.65%ofthe AIDabove 50,000,000


    (1)This Schedule I applies to the international and foreign-related arbitration cases and those related to the Hong Kong Special Administrative Region, the Macao Special Administrative Region and Taiwan Region under Article 2, Paragraph 1(1) and (2) of the Rules.

    (2)A registration fee of RMB 10,000 Yuan shall be payable upon application for arbitration, for the purposes of examining

    the application for arbitration, initiating the arbitration proceedings, computerizing management, filing management and correspondence. The registration fee is non-refundable.

    (3)The parties shall pay the arbitration fees and costs in advance in accordance with the rates under this Schedule I for their respective claim or counterclaim. The AID referred to in this Schedule I shall be on the basis of the amount of money claimed by the parties. Where no monetary claim is specified or the amount in dispute is not clear, the amount of arbitration fee shall be determined by the SCIA in consideration of the specific rights and interests involved in the disputes.

    (4)If the arbitration fee is charged in a foreign currency, an amount of the foreign currency equivalent to the corresponding RMB value specified in this schedule shall be paid.

    (5)The SCIA may charge for other disbursements reasonably incurred in accordance with the relevant provisions under the Rules.

    (6)Unless otherwise stipulated by the Rules, the remuneration of the arbitrator(s) shall be decided by the SCIA and shall be payable   by the SCIA out of the arbitration fees and costs collected by the SCIA under this Schedule I. While determining the remuneration of the arbitrator(s), the SCIA shall take into account of factors such as the time spent by the arbitrator(s) to handle the case, the AID, the complexity of the case, and the diligence and efficiency of the arbitrator(s).


    Article 2 Arbitration Fees and Costs for Chinese Mainland Arbitration Cases

    Schedule II

    (1)Schedule of Case-acceptance Fee

    Amount in Dispute (“AID”) (“RMB”)

    Case-acceptance Fee (“RMB”)

    1,000 and below

    100

    1,001 to 50,000

    (inclusive of 50,000)

    100 plus 5% of the AID above 1,000

    50,001 to 100,000

    (inclusive of 100,000)

    2,550 plus 4% of the AID above 50,000

    100,001 to 200,000

    (inclusive of 200,000)

    4,550 plus 3% of the AID above 100,000

    200,001 to 500,000

    (inclusive of 500,000)

    7,550 plus 2% of the AID above 200,000

    500,001 to1,000,000

    (inclusive of 1,000,000)

    13,550 plus 1% of the AID above 500,000

    above1,000,000

    18,550 plus 0.5% of the AID above 1,000,000

    (2)Schedule of Case-handling Fee

    Amount in Dispute (“AID”) (“RMB”)

    Case-handling Fee (“RMB”)

    200,000 and below

    8,000

    200,001 to 500,000

    (inclusive of 500,000)

    8,000 plus 2% of the AID above 200,000

    500,001 to 1,000,000

    (inclusive of 1,000,000)

    14,000 plus 1.5% of the AID above 500,000

    1,000,001 to 3,000,000

    (inclusive of 3,000,000)

    21,500 plus 0.5% of the AID above 1,000,000

    Amount inDispute

    (“AID”) (“RMB”)

    Case-handling Fee (“RMB”)

    3,000,001 to 6,000,000

    (inclusive of 6,000,000)

    31,500 plus 0.45% of the AID above 3,000,000

    6,000,001 to 10,000,000

    (inclusive of 10,000,000)

    45,000 plus 0.4% of the AID above 6,000,000

    10,000,001 to 20,000,000

    (inclusive of 20,000,000)

    61,000 plus 0.3% of the AID above 10,000,000

    20,000,001 to 40,000,000

    (inclusive of 40,000,000)

    91,000 plus 0.2% of the AID above 20,000,000

    Above 40,000,000

    131,000plus0.15%ofthe AIDabove 40,000,000

    (1)Schedule II apply to the arbitration cases related to Chinese Mainland disputes under Article 2, Paragraph 1(3) of the Rules, including case-acceptance fee and case-handling fee.

    (2)The parties shall pay the case-acceptance fee and case-handling fee in advance in accordance with the rates under this Schedule   II for their respective claim or counterclaim. The AID referred to in this Schedule II shall be on the basis of the amount of money claimed by the parties. Where no monetary claim is specified or the amount in dispute is not clear, the amount of arbitration fee shall be determined by the SCIA in consideration of the specific rights and interests involved in the disputes.

    (3)The SCIA may charge for other disbursements reasonably incurred in accordance with the relevant provisions under the Rules.

    (4)The remuneration of the arbitrator(s) shall be decided by the SCIA and shall be payable by the SCIA out of the arbitration fees and costs collected by the SCIA under this Schedule II.

    While determining the remuneration of the arbitrator(s), the SCIA shall take into account of factors such as the time spent by the arbitrator(s) to handle the case, the amount in dispute, the complexity of the case, and the diligence and efficiency of the arbitrator(s). The personal fee rate of any arbitrator (if any) shall only be for SCIA’s reference, and is not binding on the SCIA.


    Article 3 Advance Payment of Arbitration Fees and Costs in Installments

    (1)In cases whereby a large amount of arbitration fees and costs is payable under Article 1 or 2 of this Appendix or there are special circumstances in any arbitration case, the SCIA may, at the request of the parties, agree to allow the party to make the advance payment of the arbitration fees and costs in installments, provided that:

    (a)no less than one-third of the total arbitration fees and costs is paid upon request for arbitration;

    (b)no less than half of the total arbitration fees and costs is paid by the time the arbitral tribunal is formed; and

    (c)the total arbitration fees and costs shall be paid in full by the time of the hearing.

    (2)Such installments as agreed upon by the SCIA shall not include the registration fee stipulated under Article 1 of this Appendix.


    Article 4 Arbitration Fees and Costs in relation to Arbitral Cases Governed by UNCITRAL Arbitration Rules

    As for the international and foreign-related arbitration cases and those related to the Hong Kong Special Administrative Region, the Macao Special Administrative Region and Taiwan Region governedby the UNCITRAL Arbitration Rules underArticle 3 (4) , and for arbitral cases related to the investment disputes under Article 2 (2), the arbitration fees and costs shall be charged by the SCIA in accordance with the “SCIA Guidelines for the Administration of Arbitration under the ‘UNCITRAL Arbitration Rules’” (hereinafter, the “Guidelines”) as follows:

    (1)Registration Fee

    The registration fee shall be RMB 5,000 Yuan, which is non- refundable under any circumstances.

    (2)Administrative Fee

    The administrative fees shall include the costs and expenses incurred from providing the service under Article 4(1) of the Guidelines in relation to the following:

    (a)Appointment of Arbitrators (“RMB”)

    1 arbitrator appointed

    2 arbitrators appointed

    3 arbitrators appointed

    Fees payable by

    the parties

    10,000

    15,000

    18,000

    Fees payable by

    the parties10,00015,00018,000

    (b)Decision on the Challenge of Arbitrator

    An amount of RMB 20,000 Yuan shall be charged for each decision on the challenge of arbitrator(s).

    (c)Financial Management of Arbitration Case

    The SCIA shall charge a financial management fee, being 0.1% of the total amount of fees in custody of SCIA. The minimum management fee chargeable shall be RMB 1,000 Yuan and shall be capped at a maximum of RMB 100,000 Yuan.

    (d)Services under Article 4 (2) of the Guidelines

    The SCIA shall charge disbursements incurred from services provided by SCIA under Article 4 (2) of the Guidelines or

    from other administrative services requested by the parties or the arbitral tribunal, which shall be charged on actual costs basis.


    Article 5 Arbitration Fees and Costs in relation to Application of other Arbitration Rules

    Schedule III

    Amount in Dispute (“AID”) (“RMB”)

    Administrative Fee (“RMB”)

    1,000,000 and below

    1.4% of the AID, minimum 4,000

    1,000,001 to 5,000,000

    (inclusive of 5,000,000)

    14,000 plus 1% of the AID above 1,000,000

    5,000,001 to 10,000,000

    (inclusive of 10,000,000)

    54,000 plus 0.6% of the AID above 5,000,000

    10,000,001 to 50,000,000

    (inclusive of 50,000,000)

    84,000 plus 0.4% of the AID above10,000,000

    Above 50,000,000

    244,000plus0.2%oftheAIDabove50,000,000

    (1)This Schedule III shall apply if the parties agree to submit to the SCIA for arbitration in accordance with the arbitration rules other than the SCIA Rules and the UNCITRAL Arbitration Rules, and that the SCIA shall provide the administrative services for the arbitration proceedings.

    (2)A registration fee of RMB 10,000 Yuan shall be payable upon application for arbitration, for the purposes of examining the application for arbitration, initiating the arbitration proceedings, computerizing management, filing management and

    correspondence. The registration fee is non-refundable.

    (3)The parties shall pay the arbitration fees and costs in advance  in accordance with the rates under this Schedule III for their respective claim or counterclaim. The AID referred to in this Schedule III shall be on the basis of the sum amount of money claimed by the parties. Where no monetary claim is specified or the amount in dispute is not clear, the amount of administrative fee shall be determined by the SCIA in consideration of the specific rights and interests involved in the disputes.

    (4)If the arbitration fee is charged in a foreign currency, the foreign currency shall be payable at an amount equivalent to the corresponding amount in RMB under this Schedule III.

    (5)The SCIA can charge for other disbursements reasonably incurred in accordance with the relevant provisions under the Rules.

    (6)The administrative fee payable to the SCIA shall not include the remuneration of the arbitrator(s).


    Article 6 Renumeration of the Arbitrators Determined by Agreement between the Parties and the Arbitrators and the Payment Thereof

    (1)Except for arbitration cases related to Chinese Mainland disputes under Article 2, Paragraph 1(3) of the Rules, the  renumeration of arbitrators may be determined by agreement. Any agreement- based method of determination shall require the unanimous consent of all parties and shall be applicable to all members of the arbitral tribunal.

    (2)The fees and expenses of arbitrators determined in accordance with the fee arrangements shall be reasonable in amount, taking into account the amount in dispute, the complexity of the subject- matter, the time spent by the arbitrators and any other relevant circumstances of the case. According to the above circumstances, the SCIA shall have the power to make any necessary adjustment to the fees and expenses of arbitrators, which will be binding upon the arbitral tribunal.

    (3)The SCIA is entitled to adjust the arbitration fees and costs payable by the parties in advance based on the circumstances of the case concerned.

    (4)Where any party raises an objection regarding the adoption or the amount of agreement-based renumeration of the arbitrators, the decision of the SCIA shall be conclusive.

    (5)In cases where the renumeration of the arbitrators is established by agreement, the payment of such renumeration shall be decided by the arbitral tribunal in accordance with applicable arbitration rules and the relevant provisions of this Schedule.


    Article 7 Arbitration Fees and Costs in relation to Appointment of Emergency Arbitrator

    Schedule IV

    Application for Interim Measures

    Amount Charged (“RMB”)

    One single interim measure

    10,000

    Multiple interim measures

    10,000 + (n-1) × 2,000

    (where “n” refers to the number of interim measures applied for by the parties)

    This Schedule IV shall apply if a party applies to the SCIA for appointment of an emergency arbitrator for the interim measure(s) under Article 26 of the Rules.