The Central Asian Court of International Arbitration (CACIA)
Measures for the administration of arbitration fees
Article 1:These measures are formulated for the purpose of regulating the collection of arbitration fees by CACIA with reference to the practice of other arbitration institutions in the Kyrgyz Republic and relevant international practices in accordance with the provisions of CACIA arbitration rules.
Article 2: The parties shall pay the arbitration fee in advance according to the charging standard of CACIA, when applying for arbitration (including counterclaim).
Article 3: The amount in dispute shall be based on the amount of money claimed by the parties. If the amount requested is inconsistent with the amount in dispute, the actual amount in dispute shall prevail. If the amount in dispute is not clear, the arbitration fee standard of the case shall be fixed separately by the president of CACIA according to the specific circumstances, the complexity, and other factors of the case with reference to this charging method.
Article 4: The parties shall pay the arbitration fees in advance in accordance with these administrative measures for the collection of fees within 5 days from the date of receiving the payment notification from CACIA.
Article 5: Where the parties have actual difficulties paying the arbitration fees in advance, the parties shall submit a written application and explain the reasons, together with relevant supporting materials. The payment may be postponed upon the approval of the president of CACIA, but the delay shall not exceed the time before the award of the arbitration case (including mediation).
If the parties fail to advance deposits for the arbitration fee of the case within the time limit prescribed in Article 4 of these measures, and do not apply for delay, the application shall be deemed to have been withdrawn.
Article 6 : When selecting arbitrators from countries or regions other than the Kyrgyz Republic, or selecting languages other than Kyrgyz or Russian as the arbitration language, or selecting the laws of countries or regions other than the Kyrgyz Republic as the applicable law, the expenses for board and lodging, transportation, translation, overtime allowance and other expenses incurred by overseas arbitrators and translators due to appearing in court shall be borne by the parties concerned according to the actual expenses and paid in advance by the party making the corresponding choice or application.
Article 7: Where the arbitrators of countries or regions other than the Kyrgyz Republic have special requirements for the remuneration for arbitration, the requirements of the arbitrators selected by the parties shall be followed, and the extra remuneration shall be paid in advance by the party making the corresponding selection or application.
Article 8: When the parties to an arbitration case from a country or region other than the Kyrgyz Republic apply for taking Interim Measures and the president of CACIA agrees to appoint an emergency arbitrator, the president of CACIA may decide to increase the arbitration fee by 30% on the basis of the said arbitration fee, which shall be paid in advance by the party making the application.
Article 9: In principle, the arbitration fee shall be borne by the party who bears the adverse consequences of the award; If the consequences of the award are partly unfavorable and partly favorable, the arbitration tribunal shall determine the proportion of the arbitration fees to be borne by the parties according to their respective responsibilities.
Article 10: If the parties reach a settlement on their own or settle the case through mediation by an arbitral tribunal, the parties may determine the proportion of the arbitration fees to be borne by them through consultation.
Article 11: The Arbitral Tribunal shall specify the amount of arbitration fees in the mediation statement or award that the parties shall ultimately bear.
Article 12: Where a party refuses to the Arbitral Tribunal without justified reasons or withdraws from the tribunal during the hearing without the permission of the Arbitral Tribunal upon written notification, it may be deemed to have withdrawn its application for arbitration, and the arbitration fee of the case shall not be refunded.
Article 13: After CACIA accepts the arbitration application, if the parties withdraw the arbitration application, or if the parties reach a settlement agreement on their own and withdraw the arbitration application, the court shall refund 50% of the arbitration fee collected in advance.
Article 14: When collecting arbitration fees, the CACIA shall use tax invoices that conform to the prescribed requirements, establish and improve the financial accounting system in accordance with the relevant regulations of the Kyrgyz Republic, strengthen the financial management, strengthen the management of revenues and expenditures, and accept social supervision. As required by work, the court may also entrust relevant institutions to collect arbitration fees on its behalf.
Article 15: If a party applies for a hearing in a different place, the actual expenses for transportation, accommodation and travel expenses incurred by the hearing in a different place shall be separately charged by CACIA according to the actual situation. The relevant expenses shall be borne by the parties through negotiation. If negotiation is not possible, the party making the application shall pay in advance.
Article 16:For lawsuits arising from disputes related to the modification, termination of contracts, disputes regarding the invalidation of transactions, claims for the application of consequences of the invalidity of a void transaction, and other disputes of a non-property nature, as well as applications for the recognition of the right to enforce the performance of an obligation in kind, the arbitration fee is charged at the rates established below, based on the amount of the disputed contract, transaction, or the amount of the claim for the enforcement of the obligation in kind, and is calculated in the amount equivalent to US dollars at the exchange rate of the National Bank of the Kyrgyz Republic on the date of payment of the arbitration fee, in accordance with the following scale:
Up tо 5.000
From 5.001 to 25.000
From 25.000 to 50.000
Above 50.000
500
1.000
2.000
3.000
Article 17. Taking into account the complexity of the case, significantly increased time and expenses associated with arbitration proceedings, the Chairman CACIA has the right to decide on increasing the amount of the arbitration fee.
Article 18. The arbitrators' fees are established in accordance with the Regulations on Fees for Cases of the Central Asian Court of International Arbitration.
Article 19. The arbitration fee is paid in advance.
Article 20. Approved by the decision of the Supervisory Board CACIA dated November 26, 2023, the Chairman CACIA is responsible for the explanatory part; the provisions enter into force on January 1, 2024.
Attachment: arbitration fee standard of CACIA
Court costs (amount requested: United States dollars) |
Arbitration fees (fee for acceptance of documents for consideration + arbitration fee) |
Within 1,000 |
100 + 15% |
From 1,001 to 5,000 |
150 + 10% (of the amount exceeding 1000) |
From 5,001 to 10,000 |
250 + 8% (of the amount exceeding 5000) |
From 10 001 to 50 000 |
300 + 3% (of the amount exceeding 10 000) |
From 50,001 to 100,000 |
600 + 2.5% (of the amount exceeding 50 000) |
From 100,001 to 200,000 |
1000 + 2% (of the amount exceeding 100 000) |
From 200,001 to 500,000 |
1500 + 1.5% (of the amount exceeding 200 000) |
From 500,001 to 1,000,000 |
3000 + 1.2% (of the amount exceeding 500 000) |
From 1,000,001 to 2,000,000 |
5000 + 1% (of the amount exceeding 1 000 000) |
From 2,000,001 to 5,000,000 |
8000 + 0.8% (of the amount exceeding 2 000 000) |
More than 5,000,000 |
10 000 + 0.5% (of the amount exceeding 5 000 000) |