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Payments and Arbitration Costs
The sum corresponding to the honorary fees of the arbitrators is determined
either through the fnal ruling or through a special ruling and are enforced
by means of down payments. In case these fees are contested, the Conciliation
and Arbitration Council rules on the amounts of down payments and honorary
fees. The decision of the Conciliation and Arbitration Council is not
subject to appeal. Except as decided otherwise by the Arbitration Council,
all costs are to be borne by the unsuccessful party.
The party making the request guarantees all the arbitration costs. Depending
on the request(s), the President of the Center determines the amounts
of the necessary down payments on administrative costs and honorary fees
of the arbitrators. In the case where, aside from the main request, one
or more counterclaims or accessory claims have been filed, the Center
may set separate fees for the counterclaim(s) and accessory claim(s).
Normally, these fees are paid in equal shares by the party(ies) making
the request(s). However, the payments can be made in whole by one of the
parties in the case the other party fails to do so.
The Center may make bringing the file to the arbitral Tribunal conditional
on the payment of all or part of the fees. In the case the party making
a request withdraws before any meetings of the arbitral Tribunal, or if
the latter resigns, the fees are reimbursed after deducting the costs
already supported by the Center. In the other case, the fees will not
be reimbursed.
Scale of Costs
Administrative costs, which are determined by the Center, include the
cost of forming the arbitration Tribunal and secretarial fees. The cost
of forming the arbitration Tribunal is 500 Dinars per dispute. Secretarial
costs are computed as percentage of the amount in dispute ; namely, they
are computed cumulatively and per portion as
follows :
up
to 1.000.000 Dinars (or US Dollars) : 1% to 0.50%
more
that 1.000.000 Dinars (or US Dollars) : 0.50% to 0.10%
Arbitrators' Honorary Fees
Honorary fees of the arbitrators are computed in a cumulative fashion.
Depending on the stakes of the dispute, the duration of the procedure,
the complexity of the case, and the place of arbitration, the Center determines
the arbitrators' honorary fees in accordance with the following scale
:
up
to 100.000 Dinars (or US Dollars) : 5% to 2% (with a minimum of 2.000
Dinars or US Dollars)
100.001
to 500.000 Dinars (or US Dollars) : 2% to 1%
500.001
to 1.000.000 Dinars (or US Dollars) : 1% to 0.5%
more
that 1.000.000 Dinars (or US Dollars) : 0.5% to 0.10%.
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