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Appendix to section 40 sub. 5

(for Appendix in force as of 1st March 2016 please click here)


Appendix to section 40 sub. 5 of the Arbitration Rules
(in force until 29th February 2016)

 

1) Amount in dispute up to 5,000.00 €

The fee for the chairman of the arbitral tribunal or for a sole arbitrator shall amount to 1,365.00 € and for each co-arbitrator 1,050.00 €

2) Amounts in dispute from 5,000.00 € to 50.000,00 €

Amount in dispute

Fee for chairman
of arbitral tribunal /
sole arbitrator

Fee for each
co-arbitrator

up to 6.000,00 EUR

1.560,00 EUR

1.200,00 EUR

up to 7.000,00 EUR

1.755,00 EUR

1.350,00 EUR

up to 8.000,00 EUR

1.950,00 EUR

1.500,00 EUR

up to 9.000,00 EUR

2.145,00 EUR

1.650,00 EUR

up to 10.000,00 EUR

2.340,00 EUR

1.800,00 EUR

up to 12.500,00 EUR

2.535,00 EUR

1.950,00 EUR

up to 15.000,00 EUR

2.730,00 EUR

2.100,00 EUR

up to 17.500,00 EUR

2.925,00 EUR

2.250,00 EUR

up to 20.000,00 EUR

3.120,00 EUR

2.400,00 EUR

up to 22.500,00 EUR

3.315,00 EUR

2.550,00 EUR

up to 25.000,00 EUR

3.510,00 EUR

2.700,00 EUR

up to 30.000,00 EUR

3.705,00 EUR

2.850,00 EUR

bis 35.000,00 EUR

3.900,00 EUR

3.000,00 EUR

up to 40.000,00 EUR

4.095,00 EUR

3.150,00 EUR

up to 45.000,00 EUR

4.290,00 EUR

3.300,00 EUR

up to 50.000,00 EUR

4.485,00 EUR

3.450,00 EUR

 

In the case of amounts in dispute exceeding 50.000,00 €, the fee for each co-arbitrator is calculated as follows:

3) For amounts more than 50,000.00 € up to 500,000.00 €
a fee of 3,450.00 € plus 2% of the amount exceeding 50.000,00 €;

4) For amounts more than 500,000.00 € up to 1,000,000.00 €
a fee of 12,450.00 € plus 1.4% of the amount exceeding 500,000.00 €;

5) For amounts more than 1,000,000.00 € up to 2,000,000.00 €
a fee of 19,450.00 € plus 1% of the amount exceeding 1,000,000.00 €;

6) For amounts more than 2,000,000.00 € up to 5,000,000.00 €
a fee of 29,450.00 € plus 0.5% of the amount exceeding 2,000,000.00 €;

7) For amounts more than 5,000,000.00 € up to 10,000,000.00 €
a fee of 44,450.00 € plus 0.3% of the amount exceeding 5,000,000.00 €;

8) For amounts more than 10,000,000.00 € up to 50,000,000.00 €
a fee of 59,450.00 € plus 0.1% of the amount exceeding 10,000,000.00 €;

9) For amounts more than 50,000,000.00 € up to 100,000,000.00 €
a fee of 99,450.00 € plus 0.06% of the amount exceeding 50,000,000.00 €;

10) For amounts more than 100,000,000.00 €
a fee of 129,450.00 € plus 0.05% of the amount exceeding 100,000,000.00 € up to an amount of 650,000,000.00 €; any amount exceeding the additional 650,000,000.00 € shall not affect the calculation of the fee.

11) If more than two parties are involved in the arbitral proceedings, the amounts of the arbitrators' fees pursuant to this schedule are increased by 20% for each additional party. The arbitrators' fees are increased by no more than 50% in total;

12) Upon filing of a counterclaim, the Appointing Committee of the DIS, if so requested by the arbitral tribunal and after having consulted the parties, may determine that the arbitrators' fees pursuant to Nos. 1) - 11) shall be calculated separately on the basis of the value of the claim and counterclaim.

13) In cases of high legal and/or factual complexity and in particular with regard to the time spent, the Appointing Committee of the DIS, if so requested by the arbitral tribunal and after having consulted the parties, may determine an appropriate increase of the arbitrators' fees of up to 50% of the fee pursuant to Nos. 1) - 12);

14) If a request for an interim measure of protection has been made to the arbitral tribunal pursuant to section 20, the arbitrators' fee shall be increased by 30% of the fee at the time of the request;

15) For the chairman of the tribunal and the sole arbitrator, fees are calculated by adding 30% to the fees pursuant to 3) to 14);

16) Reimbursement of expenses pursuant to Sec. 40 sub. 1 is calculated on the basis of such guidelines as are issued by the DIS in force at the time of commencement of the arbitral proceedings;

17) The amount of the provisional advance for the arbitral tribunal levied by the DIS Secretariat upon filing of the statement of claim pursuant to section 7 sub. 1 corresponds to the fees for a co-arbitrator pursuant to this schedule;

18) a) In the case of an amount in dispute up to 50,000.00 € the DIS administrative fee amounts to 2% of the amount in dispute; in case of an amount in dispute more than 50,000.00 € and up to 1,000,000.00 € the DIS administrative fee amounts to 1,000.00 € plus 1% of the amount exceeding 50,000.00 € in the case of the amount in dispute exceeding 1,000,000.00 €, the administrative fee amounts to 10,500.00 € plus 0,5% of the amount exceeding 1,000,000.00 €. The minimum DIS administrative fee is 350.00 €; the maximum fee is 30,000.00 €;

b) Upon filing a counterclaim, the amounts in dispute of claim and counterclaim are added for the purpose of assessing the DIS administrative fee. The DIS administrative fee for a counterclaim is calculated by deducting the DIS administrative fee from the administrative assessed according to the increased overall amount in dispute;

c) The minimum administrative fee for a counterclaim is 350.00 €, the maximum fee for claim and counterclaim is 45,000.00 €;

d) If more than two parties are involved in the arbitral proceedings, the DIS administrative fee set forth in Nos. 18 a) – c) is increased by 20% for each additional party. The additional fee shall not exceed €15,000.00. The sum of the administrative fee calculated pursuant to Nos. 18 a) - c) and the additional fee to this No. 18 d) shall be the DIS administrative fee.

e) Where the arbitral proceedings are terminated prior to the constitution of the arbitral tribunal, the DIS may, at its own discretion, decrease the DIS administrative fee calculated pursuant to Nos. 18 a) - d) by a maximum of 50% of such fee.

19) If a statement of claim, a counterclaim or any other written pleadings is submitted to the DIS in any language other than German, English or French, the DIS may arrange for a translation. The costs for such translation may be added to the DIS administrative fee levied by the DIS pursuant to 15).

 

 

Appendix to section 40 sub. 5 of the Arbitration Rules


(in force until 31st March 2014)

1) Amount in dispute up to 5,000.00 €

The fee for the chairman of the arbitral tribunal or for a sole arbitrator shall amount to 1,365.00 € and for each co-arbitrator 1,050.00 €

2) Amounts in dispute from 5,000.00 € to 50.000,00 €

Amount in dispute

Fee for chairman 
of arbitral tribunal / 
sole arbitrator

Fee for each 
co-arbitrator
up to 6.000,00 EUR 1.560,00 EUR 1.200,00 EUR
up to 7.000,00 EUR 1.755,00 EUR 1.350,00 EUR
up to 8.000,00 EUR 1.950,00 EUR 1.500,00 EUR
up to 9.000,00 EUR 2.145,00 EUR 1.650,00 EUR
up to 10.000,00 EUR 2.340,00 EUR 1.800,00 EUR
up to 12.500,00 EUR 2.535,00 EUR 1.950,00 EUR
up to 15.000,00 EUR 2.730,00 EUR 2.100,00 EUR
up to 17.500,00 EUR 2.925,00 EUR 2.250,00 EUR
up to 20.000,00 EUR 3.120,00 EUR 2.400,00 EUR
up to 22.500,00 EUR 3.315,00 EUR 2.550,00 EUR
up to 25.000,00 EUR 3.510,00 EUR 2.700,00 EUR
up to 30.000,00 EUR 3.705,00 EUR 2.850,00 EUR
bis 35.000,00 EUR 3.900,00 EUR 3.000,00 EUR
up to 40.000,00 EUR 4.095,00 EUR 3.150,00 EUR
up to 45.000,00 EUR 4.290,00 EUR 3.300,00 EUR
up to 50.000,00 EUR 4.485,00 EUR 3.450,00 EUR

 

In the case of amounts in dispute exceeding 50.000,00 €, the fee for each co-arbitrator is calculated as follows:

3) For amounts more than 50.000,00 € up to 500,000.00 €
a fee of 3,450.00 € plus 2% of the amount exceeding 50.000,00 €;

4) For amounts more than 500,000.00 € up to 1,000,000.00 €
a fee of 12,450.00 € plus 1.4% of the amount exceeding 500,000.00 €;

5) For amounts more than 1,000,000.00 € up to 2,000,000.00 €
a fee of 19,450.00 € plus 1% of the amount exceeding 1,000,000.00 €;

6) For amounts more than 2,000,000.00 € up to 5,000,000.00 €
a fee of 29,450.00 € plus 0.5% of the amount exceeding 2,000,000.00 €;

7) For amounts more than 5,000,000.00 € up to 10,000,000.00 €
a fee of 44,450.00 € plus 0.3% of the amount exceeding 5,000,000.00 €;

8) For amounts more than 10,000,000.00 € up to 50,000,000.00 €
a fee of 59,450.00 € plus 0.1% of the amount exceeding 10,000,000.00 €;

9) For amounts more than 50,000,000.00 € up to 100,000,000.00 €
a fee of 99,450.00 € plus 0.06% of the amount exceeding 50,000,000.00 €;

10) For amounts more than 100,000,000.00 €
a fee of 129,450.00 € plus 0.05% of the amount exceeding 100,000,000.00 €;

11) If more than two parties are involved in the arbitral proceedings, the amounts of the arbitrators' fees pursuant to this schedule are increased by 20% for each additional party. The arbitrators' fees are increased by no more than 50% in total;

12) Upon filing of a counterclaim, the Appointing Committee of the DIS, if so requested by the arbitral tribunal and after having consulted the parties, may determine that the arbitrators' fees pursuant to Nos. 1) - 11) shall be calculated separately on the basis of the value of the claim and counterclaim.

13) In cases of high legal and/or factual complexity and in particular with regard to the time spent, the Appointing Committee of the DIS, if so requested by the arbitral tribunal and after having consulted the parties, may determine an appropriate increase of the arbitrators' fees of up to 50% of the fee pursuant to Nos. 1) - 12);

14) If a request for an interim measure of protection has been made to the arbitral tribunal pursuant to section 20, the arbitrators' fee shall be increased by 30% of the fee at the time of the request;

15) For the chairman of the tribunal and the sole arbitrator, fees are calculated by adding 30% to the fees pursuant to 3) to 14);

16) Reimbursement of expenses pursuant to Sec. 40 sub. 1 is calculated on the basis of such guidelines as are issued by the DIS in force at the time of commencement of the arbitral proceedings;

17) The amount of the provisional advance for the arbitral tribunal levied by the DIS Secretariat upon filing of the statement of claim pursuant to section 7 sub. 1 corresponds to the fees for a co-arbitrator pursuant to this schedule;

18) In the case of an amount in dispute up to 50,000.00 € the DIS administrative fee amounts to 2% of the amount in dispute; in case of an amount in dispute more than 50,000.00 € and up to 1,000,000.00 € the DIS administrative fee amounts to 1,000.00 € plus 1% of the amount exceeding 50,000.00 € in the case of the amount in dispute exceeding 1,000,000.00 €, the administrative fee amounts to 10,500.00 € plus 0,5% of the amount exceeding 1,000,000.00 €. The minimum DIS administrative fee is 350.00 € the maximum fee is 25,000.00 €;

Upon filing a counterclaim, the amounts in dispute of claim and counterclaim are added for the purpose of assessing the DIS administrative fee. The DIS administrative fee for a counterclaim is calculated by deducting the DIS administrative fee from the administrative assessed according to the increased overall amount in dispute;

The minimum administrative fee for a counterclaim is 350.00 €, the maximum fee for claim and counterclaim is 37,500.00 €;

If more than two parties are involved in the arbitral proceedings, the DIS administrative fee set forth in this schedule is increased by 20% for each additional party; the maximum fee is 37,500.00 €;

19) If a statement of claim, a counterclaim or any other written pleadings is submitted to the DIS in any language other than German, English or French, the DIS may arrange for a translation. The costs for such translation may be added to the DIS administrative fee levied by the DIS pursuant to 15).



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