Fee-charging Measures of Guangzhou Arbitration Commission
Article 1 According to the Arbitration Law of the People's Republic of China and the Measures for the Charging of Arbitration Fee by the Arbitration Commissions (G. B. F. [1995] No. 44) issued by the General Office of the State Council, these Measures are formulated based on the actual situations of Guangzhou, to regulate the arbitration fees charged by the Guangzhou Arbitration Commission.
Article 2 When filing an arbitration claim, a party shall pay arbitration fees according to these Measures. Arbitration fees include registration fee and administrative fee.
The registration fees charged by the Guangzhou Arbitration Commission are governed by the Registration Fee Schedule for Arbitration Administered by Guangzhou Arbitration Commission approved by the provincial competent department of price.
Article 3 Within 15 days from the receipt date of a notice of registration from the Guangzhou Arbitration Commission, the claimant shall prepay a registration fee according to the Registration Fee Schedule for Arbitration Administered by Guangzhou Arbitration Commission. At the same time of filing an arbitration counterclaim, the respondent shall prepay a registration fee according to the Registration Fee Schedule for Arbitration Administered by Guangzhou Arbitration Commission.
Article 4 The “Amount in Dispute” in the Registration Fee Schedule for Arbitration Administered by Guangzhou Arbitration Commission shall be subject to the amount claimed by the claimant; if the amount claimed is inconsistent with the actual amount in dispute, the actual amount in dispute shall prevail.
If the amount in dispute is not defined when an arbitration claim is filed, the Guangzhou Arbitration Commission shall determine the amount of the registration fee charged in advance based on the specific rights and interests in dispute.
Article 5 The Guangzhou Arbitration Commission charges an administrative fee covering:
(1) board and lodging expenses, transportation expenses, and other reasonable expenses incurred by the arbitrators during business trips or holding a hearing in order to handle an arbitration case;
(2) cost for copying and serving case files and instruments;
(3) other reasonable expenses that should be borne by the parties.
The administrative fee specified above shall be prepaid at the amount of 30% of the registration fee, together with the registration fee by the claimant to the Guangzhou Arbitration Commission, Upon closing a case, the administrative fee shall be settled based on the actual and reasonable expenditures, according to the measures formulated by the Guangzhou Arbitration Commission.
Article 6 The following administrative fees shall be prepaid or paid to relevant entities and personnel by the party requesting the relevant services:
(1) consulting fee, appraisal fee, survey fee, translation/interpretation fee, and other fees;
(2) board and lodging expenses, transportation expenses, and compensation for being absent from work incurred by witnesses, appraisers, translators/interpreters, and the like due to appearances in the tribunal.
Article 7 During the arbitral proceedings, if a party files any additional claim or a counterclaim, it shall pay an additional arbitration fee within 5 days from the date of receiving a notice of payment issued by the Guangzhou Arbitration Commission.
During the arbitral proceedings, if a party withdraws an arbitration claim or counterclaim before the hearing held by the arbitral tribunal, the arbitration fee corresponding to the withdrawn arbitration claim or counterclaim shall be refunded upon closing of the case; if the hearing has been held, no arbitration fee shall be refunded.
Article 8 If a party has difficulties to prepay the arbitration fees, the party shall file an application for deferred payment and the payment may be deferred upon approval of the Guangzhou Arbitration Commission.
If a party fails to prepay or supplement the arbitration fee within the period specified in Article 3 and/or Paragraph 1 of Article 7 of these Measures, and, in such case, does not file an application for deferred payment, the party shall be deemed to have withdrawn the arbitration claim or counterclaim or the additional arbitration claim or counterclaim.
Article 9 In principle, the arbitration fees shall be borne by the losing party; if the parties win or lose the case in part, the arbitral tribunal shall determine the proportion of arbitration fees to be borne by the parties respectively based on their respective liabilities. Where the parties settle the case of their own account or the case is closed through mediation by the arbitral tribunal, the parties may negotiate and determine the proportion of arbitration fees to be borne by them respectively.
To settle the registration fee and administrative fee, the arbitral tribunal shall specify in the award, the settlement agreement, or the letter of decision the amount of arbitration fees finally payable by each party.
Article 10 Before the issuance of a notice of registration by the Guangzhou Arbitration Commission, if a party, who has filed an application for arbitration and has prepaid corresponding arbitration fees, files an application for the withdrawal of the arbitration, the Guangzhou Arbitration Commission shall refund the arbitration fees in full.
After the Guangzhou Arbitration Commission accepts the application for arbitration and before the arbitral tribunal is formed, if the claimant withdraws the application for arbitration, or the parties reach a settlement agreement and the application for arbitration is withdrawn, 85% to 90% of the arbitration fees shall be refunded.
After the arbitral tribunal is formed and before the case is heard, if the claimant withdraws the application for arbitration, or the parties reach a settlement agreement and the application for arbitration is withdrawn, 40%-60% of the arbitration fees shall be refunded.
After the arbitral tribunal is formed and the case is heard, if the claimant withdraws the application for arbitration, or the parties reach a settlement agreement and the application for arbitration is withdrawn, up to 20% of the arbitration fees shall be refunded as appropriate based on the actual situations.
Article 11 The claimant who fails to appear before the tribunal without justifiable reasons in spite of a written notice or withdraws from an on-going hearing without the permission of the arbitral tribunal shall be deemed to have withdrawn the application for arbitration, with the arbitration fees non-refundable.
Article 12 The provisions of Articles 4, 5, 10, and 11 of these Measures shall also apply to counterclaims filed by the respondent.
Article 13 According to Article 61 of the Arbitration Law of the People's Republic of China, if the arbitral tribunal agrees to re-arbitrate a case, the Guangzhou Arbitration Commission shall not re-charge arbitration fees.
No fee shall be charged for clerical, typographical or computational errors in an award rendered by an arbitral tribunal or any supplement to such award caused by omissions.
Article 14 The registration fees and administrative fees charged by the Guangzhou Arbitration Commission shall be managed in accordance with the provisions of “separated revenue and expenditure” as required. The Guangzhou Arbitration Commission shall establish a financial accounting system, improve it, strengthen the finance and revenue & expenditure management, and be subject to the supervision from finance, audit, taxation, price, and other authorities.
Article 15 These measures shall come into force and be implemented as from the date of issuance and remain valid for 3 years. Arbitration fees charged from February 28, 2020 to the issuance date (exclusive) of these Measures shall be governed by these Measures.
Annex: Registration Fee Schedule for Arbitration administered by Guangzhou Arbitration Commission
Annex
Registration Fee Schedule for Arbitration administered by Guangzhou Arbitration Commission
|
Amount in Dispute (in RMB) |
Registration Fee (in RMB) |
|
≤1,000 |
40-100 |
|
1,001≤and≤50,000 |
5% |
|
50,001≤and≤100,000 |
4% |
|
100,001≤and≤200,000 |
3% |
|
200,001≤and≤500,000 |
2% |
|
500,001≤and≤1,000,000 |
1% |
|
≥1,000,001 |
0.5% |
Manner of Disclosure: Proactive Disclosure
