SCIA's Decision on Arbitration Fees Reduction against COVID-19

发布时间：2022-04-01 00:05:46

To effectively cope with Covid-19 Pandemic, and mitigate the financial burden of arbitral parties, the Shenzhen Court of International Arbitration (“SCIA”) has made the following particular decision (“Decision”) on the reduction of arbitration fees.

1. Inclusive Reduction: 10% Reduction and Cap on Arbitration Fees

(1) For domestic cases filed as from 31 March 2022: both the Case-acceptance Fee and the Case-handling Fee shall be charged at 90% of the rate set in applicable arbitration rules, and waived for the portion of the amount in dispute, either of the claim or the counterclaim, in excess of RMB 3 billion.

(2) For international cases, foreign-related cases, or cases related to Hong Kong SAR, Macao SAR, or Taiwan Region filed as from 31 March 2022: the Registration Fee shall be fully waived; the Arbitration Fee shall be charged at 90% of the rate set in applicable arbitration rules, and waived for the portion of the amount in dispute, either of the claim or the counterclaim, in excess of RMB 3 billion.

2. Encouraging Online Arbitration: 20% Reduction on Arbitration Fees

(1) For cases accepted as from 31 March 2022, whereas both parties agree to use and do use the SCIA's Online Arbitration Service Platform in arbitration proceedings (including but not limited to online case filing, online service of documents, online hearing, and online examination of evidence), the arbitration fees may be reduced by further 20% on top of the Inclusive Reduction set forth in Section 1 above.

(2) For cases that have been accepted but not heard before 31 March 2022, whereas both parties agree to use and do use the SCIA's Online Arbitration Service Platform in subsequent arbitration proceedings (including but not limited to online service of documents, online hearing, and online examination of evidence), the arbitration fees may be reduced by 20%.

3. Encouraging Amicable Settlement: 50% Reduction of Arbitration Fees for Cases Settled

(1) For arbitration cases accepted as from 31 March 2022, whereas the parties reach a settlement agreement and apply to withdraw the case or request an arbitral award based on the terms of settlement agreement, the arbitration fees may be reduced by further 50% on top of the Inclusive Reduction set forth in Section 1 above.

(2) For arbitration cases accepted before 31 March 2022, whereas the parties reach a settlement agreement and apply to withdraw the case or request an arbitral award based on the terms of settlement agreement, the arbitration fees may be reduced by 50%.

4. Miscellaneous

(1) Unless otherwise stated in this Decision, the Inclusive Reduction under Section 1 applies automatically to all eligible cases. In addition, the parties may also apply for advance payment of arbitration fees in installments according to the SCIA Arbitration Rules.

(2) To apply for the fees reduction under Section 2, both parties need to submit a Consent for Online Arbitration via the SCIA's Online Arbitration Service Platform before 30 June 2022. The party applying for the reduction shall additionally submit an Application for Reduction of Arbitration Fees. For eligible cases, the relevant fees shall be refunded after the conclusion of the case.

(3) To apply for the fees reduction under Section 3, the parties need to apply to withdraw the case or request an arbitral award before 30 June 2022. The party applying for the reduction shall additionally submit an Application for Reduction of Arbitration Fees. For eligible cases, the relevant fees shall be refunded after the conclusion of the case.

(4) The fees reduction under Section 2 & 3 shall not be cumulative, and the lower fees shall prevail.

(5) Whereas the fees reduction under Section 3 are inconsistent with the SCIA Stipulations on Refund of Arbitration Fees under Particular Circumstances (“Stipulations”), the lower fees shall prevail.

(6) Whereas a settlement agreement reached before the arbitration filing, and the parties request an arbitral award based on the terms of settlement agreement, the arbitration fees shall be governed by the Stipulations with a reduction of 50% to 75%. Whereas the arbitration fees calculated under the Stipulations is inconsistent with those calculated under Section 1, the lower fees shall prevail. Fees reduction under Section 2 & 3 in this Decision shall not be cumulative with those under the Stipulations.

(7) The parties shall proceed with the arbitration in bona fide and in accordance with the law. Fees reduction in this Decision shall not apply to sham settlement, sham mediation, or sham arbitration, and the parties involved shall bear legal liabilities thereof.

This Decision shall be effective from 31 March 2022 to 30 June 2022.

This Decision shall be interpreted by SCIA.

Shenzhen Court of International Arbitration

30 March 2022