Fees
1. The Court of Arbitration shall collect the following
fees:
a) the administration fee,
b) the arbitration fee,
c) the advance for arbitration expenses.
Applicable VAT shall be added
to the fees.
2. The fees shall be paid to the Court of Arbitration bank
account, specified in the call for payment of the fee.
Administration Fee
1. The administration fee, which is not reimbursable, shall
be collected for statement of claim or counterclaim.
2. The administration fee shall amount to 1.000 zl.
Arbitration Fee
1. The arbitration fee shall be collected pro rata to the
value in dispute:
a) up to 10.000 zl 2.000 zl,
b) from 10.001 to 100.000 zl: 2.000 zl of the first 10.000
zl and 6% of the amount over 10.000 zl,
c) from 100.001 to 1.000.000 zl: 7.400 zl of the first 100.000
zl and 4% of the amount over 100.000 zl,
d) from 1.000.001 to 10.000.001 zl: 43.400 zl of the first
1.000.000 zl and 0,6% of the amount over 1.000.000 zl,
e) from 10.000.001 to 100.000.000 zl: 97.400 zl of the first
10.000.000 zl and 0,4% of the amount over 10.000.000 zl,
f) over 100.000.000 zl: 457.400 zl.
2. In cases resolved by the
sole arbitrator, 60% of the arbitration fee shall be collected.
3. In cases resolved by more than three arbitrators, the
arbitration fee shall be collected in the amount increased
by 25% for each arbitrator exceeding three.
4. In cases in which the value in dispute has not been determined,
or it cannot be determined, or in cases which are not of
proprietary character, the value in dispute shall be determined
with reference to the character and circumstances of the
case; the arbitration fee shall be calculated from the value
determined in such a manner.
Counterclaim Fee
1. The full amount of the arbitration fee shall be collected
for statement of claim, as well as for counterclaim.
2. For purposes of determination of the amount of the arbitration
fee, claims against one or more defendants (counterdefendants)
covered by one statement of claim, or counterclaim, shall
be deemed as separate statements of claim (counterclaims).
Fee for Third Party
1. For a motion for notification of the third party about
a pending action, the applicant shall pay the arbitration
fee in the amount of 10% of the arbitration fee for the
statement of the claim, and separately with reference to
every third party, specified in the motion.
2. In case of the third party shall join the proceedings,
the third party shall pay 30% of the arbitration fee as
for the statement of claim.
Division of Fee
The arbitration fee shall be divided between the Court of
Arbitration and the arbitrators, in accordance with the
rules specified in separate resolutions of Management Board
of PCPE Lewiatan.
Return of Fee
1. The Court of Arbitration shall ex officio return the
following part of the arbitration fee:
a) in case of return of the statement of claim or counterclaim
- 90%,
b) in case of ascertainment of the Court's lack of jurisdiction
- 80%,
c) in case of withdrawal of the statement of claim or counterclaim:
before issuance of an order on delivery of the statement
of claim to the defendant - 80%,
before formation of the arbitral tribunal - 70%,
before the day of the first trial - 60%,
d) in case of acknowledgement of the statement of claim,
or conclusion of the out of court settlement, before the
beginning of the first session - 50%, and during the first
session - 40%.
2. Shall the third party notified about the pending action
not join the proceedings, the applicant shall receive 70%
of the arbitration fee paid in accordance with § 69 section
1 of Rules of Court of Arbitration
Advance Payments
1. The Court of Arbitration shall collect advance payments
for arbitration expenses related to costs of the non-local
arbitrators, remuneration of the experts and interpreters,
conduction of the trial out of the court's seat, and other
costs in the amount fixed by the Secretary General.
2. Shall the arbitral tribunal not decide otherwise, the
advance payment for the arbitration costs shall be paid
by the party, undertaking actions resulting in the expenses.
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