Download pdf version of the Decision for Amending and Supplementing Decision on Costs of Proceedings in English (2016)
Download pdf version of the Decision for Amending and Supplementing Decision on Costs of Proceedings in Albanian (2016)
The present version of the Decision on Cost of Proceedings contains incorporated changes and amendments approved through “Decision on Amending and Supplementing Decision on Cost of Proceedings – 2016”. Please note that you may download both documents separately.
Section I – Tariffs
Article 8 Arbitration Costs
Article 9 Arbitration Fees
Article 10 Administrative Costs
Section II – Transitional and Final Provisions
- This decision establishes rules on the costs of proceedings under the Kosovo Arbitration Rules, administered by the Permanent Tribunal of Arbitration (hereinafter referred to as “Permanent Tribunal”).
- Parties who take part in proceedings before the Permanent Tribunal shall bear the costs of the proceedings.
- The costs of the proceedings shall consist of:
- The fees of the arbitral tribunal;
- The administrative costs and fees of the Permanent Tribunal;
- The reasonable travel and other expenses incurred by the arbitrators;
- The reasonable costs of expert advice and of other assistance required by the arbitral tribunal;
- The reasonable travel and other expenses of witnesses to the extent such expenses are approved by the arbitral tribunal;
- The legal and other costs incurred by the parties in relation to the arbitration to the extent that the arbitral tribunal determines that the amount of such costs is reasonable
- Other material costs of the arbitration proceedings (costs of hearings, if held outside of premises of the Permanent Tribunal; costs of translation and interpretation and other costs).
- The costs of proceedings under paragraph 2 (a), (b), (c), (e) and (g) are to be fixed by the Permanent Tribunal in accordance with the Tariffs set forth in article 8 of this Decision. The costs of proceedings under paragraph 2 (c), (d), (e), (f) and (g) are determined by the arbitral tribunal
- In relation to interpretation, correction or completion of any award under articles 37 to 39, the Permanent Tribunal may charge the costs referred to in paragraphs 2 (b) to (g), but no additional fees.
- The costs of the arbitration shall in principle be borne by the unsuccessful party or parties. However, the arbitral tribunal may apportion each of such costs between the parties if it determines that apportionment is reasonable, taking into account the circumstances of the case.
- The arbitral tribunal shall in the final award or, if it deems appropriate, in any other award, determine any amount that a party may have to pay to another party as a result of the decision on allocation of costs.
- When filing a statement of claim or counterclaim, the claimant (counter-claimant) shall pay the Permanent Tribunal the registration fee set forth in article 8 of this Decision.
- If more than two parties are involved in the dispute as co-litigants, the registration fee shall be increased by 10% for each additional party.
- The registration fee paid shall not be refundable.
- The Permanent Tribunal shall not serve the statement of claim or undertake any other procedural action until the registration fee has been paid.
- Once the number of arbitrators in the proceedings has been established (i.e. one or three), the amount of the advance for the expected costs of the proceedings from Article 2, Paragraph 2 (a) to (g) shall be determined by the Permanent Tribunal.
- The Permanent Tribunal shall request each party to deposit an equal amount as an advance for the costs determined under paragraph 1. Under certain circumstances, the Permanent Tribunal may elect to ask the full advance from the claimant only.
- If the required deposits are not paid in full within 30 days after the receipt of the request, the Permanent Tribunal shall so inform the parties in order that one or another of them may make the required payment. If such payment is not made, the Permanent Tribunal may order the suspension or termination of the arbitral proceedings.
- Before the sum in Paragraph 1 of this Article has been paid, the statement of claim shall not be forwarded to the arbitration tribunal.
- In the course of the proceedings, insofar as there is any increase in the value of the subject of the dispute or the advance paid is not sufficient to cover the material costs, the Permanent Tribunal may request the parties to pay a supplementary deposit.
- Until the supplementary deposit, charged due to the increase in the value of the subject of the dispute, has been paid, the increase shall not be taken into consideration.
- If the supplementary deposit is sought to cover the material costs, the arbitration proceedings shall not continue until the supplementary deposit has been paid.
- A decrease in the value of the subject of the dispute shall be taken into consideration in the calculation of the administrative costs and the costs of the fees of the arbitrators; only if the Permanent Tribunal is notified of this before the file is handed over to the arbitration tribunal.
- If the deposit is not paid timely, the Permanent Tribunal shall render a decision to delete the statement of claim filed from the registry of disputes before the Permanent Tribunal.
- A deleted statement of claim may be filed again subject to the repayment of the registration fee.
- After a termination order or final award has been made, the arbitral tribunal shall render an accounting to the parties of the deposits received and return any unexpended balance to the parties.
- The parties shall pay the deposits to the account determined by the Permanent Tribunal.
- The registration fee for arbitration proceedings is 200.00 EUR.
- The fee of the single arbitrator in the disputes with international element is determined in accordance to the value of the subject matter of the dispute, it accordance with the following table:
Value of the subject matter of the dispute (from – to) in EUR Amount of award of the arbitrators: base (C) + percentage (D) for amounts exceeding (A) in EUR From (A) To (B) Base (C) % (D) 10,000 450 10,001 25,000 450 5 25,001 50,000 900 4 50,001 100,000 1,800 3 100,001 200,000 2,700 2 200,001 500,000 4,500 1 500,001 1,000,000 6,750 0,50 1,000,001 2,000,000 8,550 0,30 over 2,000,000 11,700 0,20
In arbitration without an international (foreign) element, if arbitration is carried out by a single arbitrator, the costs of the arbitrator’s fees shall be calculated in accordance with the following table:
Value of the subject matter of the dispute (from – to) in EUR Amount of award of the arbitrators: base (C) + percentage (D) for amounts exceeding (A) in EUR From (A) To (B) Base (C) % (D) 10,000 225 10,001 25,000 225 2,5 25,001 50,000 450 2 50,001 100,000 900 1,5 100,001 200,000 1,350 1 200,001 500,000 2,250 0,5 500,001 1,000,000 3,375 0,25 1,000,001 2,000,000 4,225 0,15 over 2,000,000 5,530 0,10
- The foreign currency value of the subject of the dispute which is not expressed in EUR shall be converted to EUR by applying the selling exchange rate for the currency concerned from the list of exchange rates of the Central Bank of the Republic of Kosovo valid on the day when the Arbitration is notified of the value of the subject of the dispute or of the change in the value of the subject of the dispute.
- In cases when it is not possible to calculate the foreign currency value of the subject of the dispute applying the method from paragraph 2 of this article, other appropriate methods shall be applied.
- If more than two parties participate in the proceedings, the amount in the table under paragraph 1 from this article shall be increased by 10 percent (10%) for each additional party.
- In particularly complex cases requiring specific professional knowledge, gathering information, studying of foreign law and legal systems or especially long presentation of evidence, the amounts of the table under paragraph 1 of this Article may be increased by fifty percent (50%).
- If the parties are to pay the deposit for administrative costs and the arbitrator’s fees in equal parts, for the purpose of the calculation of the amount of these costs, the values of the subject of dispute from the statement of claim and the counterclaim shall be added together. If not, the deposit for these costs shall be calculated separately for the statement of claim and the counterclaim (separate calculations).
Separate calculations shall also be applied if the counterclaim is not related to the statement of claim.
If in the same proceedings, several statements of claim and counterclaims have been filed, the Permanent Tribunal may calculate the fees of the arbitrators separately for each claim.
The arbitrator’s fee is distributed among the members of the Arbitral Tribunal consisting from three (3) in the following proportions: the chairman of the panel is entitled to forty percent (40%), while members of the council by thirty percent (30%) of the fee.
- If a three-member arbitral tribunal is to be appointed, the amount from Tariff no. 2 shall be increased by two and half times. In particularly complex cases, the Permanent Tribunal may order that the amount from Tariff no. 2 be increased up to three times.
If more than two parties participate in the proceedings as co-litigants, the amount in Tariff no. 2 shall be increased by 10 percent for each additional party.
- If the arbitration proceeding were terminated before an arbitral award has been rendered, the President of the Tribunal, upon a written request by one of the parties, shall render a decision to reduce the advance payment on costs determined in accordance with Article 45 of the Rules of Arbitration:
- for 40 per cent (40%) if the proceedings were terminated before the arbitral tribunal has been constituted
- for twenty per cent (20%) if the proceedings were terminated before a hearing was held.
- The amount in which the advance payment has been reduced shall be returned to the parties.
- If a sole arbitrator has been appointed, the administrative costs shall be 20 percent of the amount of the fees of the sole arbitrator.
If an arbitral tribunal has been appointed, the administrative costs shall be 10 percent of the amount of the fees of the arbitral tribunal.
- This Decision shall come into force on 24 June 2011.
- This Decision for amending and supplementing the Decision on Cost of Proceedings has entered in to force on 31st December 2016.