Costs and Fees

of the Stály rozhodcovský súd established by the company Stály rozhodcovský súd a.s. , with registered seat at Dr. Vladimíra Clementisa 10, 821 02 Bratislava, Identification No. (IČO): 36 725 439, registered with the Commercial Registry of the District Court Bratislava I, Section: Sa, Insert No. 4064/B

Art. I.
Costs of Arbitration

Costs of arbitration include in particular:

• a) fees for individual measures or proceedings of the court of arbitration,
• b) cash-expenses incurred by the court of arbitration,
• c) costs of exercised evidence, experts’ fee and translators’ fee,
• d) cash-expenses of the parties to arbitration and their representatives,
• e) attorneys’ fee for representation of the party to arbitration in arbitration in the amount of tariff rate set by the applicable legal regulation on attorneys fees.

Art.II.
Payment of Costs of Arbitration

• 2.1. Each of the parties to arbitration bear its own costs, costs of their representative, as well as attorneys’ fees.
• 2.2. The court of arbitration may request that the party to arbitration pays an advance to cover costs arising in connection with the measures necessary (in particular costs for exercise of evidence, experts’ fee and translators’ fee) in amount and period set by the court of arbitration.
• 2.3. The court of arbitration makes a request in accordance with Section 2.2 hereof to the party, who made a motion to take a certain procedural measure, initiated the same or for the benefit of which the measure is taken.
• 2.4. Until the advance payment in accordance with Section 2.2 is paid, the court of arbitration is not obliged to take a measure, costs of which shall be reimbursed by that advance payment.
• 2.5. Costs incurred in connection with arbitration or advance payment in this respect shall be made by a wireless transfer to the bank account of the court of arbitration. Such payment may be made also in cash up to the amount of SKK 5,000. Costs of arbitration or advance payment for the same are deemed to be reimbursed upon crediting respective sums to the bank account of the court of arbitration or upon making of cash deposit with the court’s cash desk.

Art.III.
Reimbursement of Costs of Arbitration

• 3.1. The court of arbitration generally awards a party having full success in the arbitration with a compensation of costs justified for effective enforcement of its claim or defense or its rights against the losing party.
• 3.2. If the party is partially successful in the arbitration, the court of arbitration may proportionally divide reimbursement of costs of arbitration or to resolve that no party is entitled to compensation of costs of arbitration incurred to it.
• 3.3. The court of arbitration may award the party to arbitration with a full compensation of costs even if it was only partially successful in the dispute provided that the part where it was unsuccessful was marginal.
• 3.4. No party is entitled to compensation of costs based on the outcome of the arbitration, if the arbitration
  • a) was terminated by conclusion of a settlement agreement, unless the parties agreed otherwise therein,
  • b) was suspended.
  If either party causes suspension of arbitration, the court of arbitration may impose an obligation to reimburse costs of arbitration to that party. If arbitration based on the statement of claim which is justified is suspended due to actions of respondent, the court of arbitration may impose an obligation to reimburse costs of arbitration to the respondent.
• 3.5. The court of arbitration may impose an obligation to reimburse costs that would otherwise not be incurred to the party who inflicted them or whom such costs have arisen by a coincidence.
• 3.6. In events that deserve a special consideration, the court of arbitration may fully or partially deny compensation of costs of arbitration.
• 3.7. The court of arbitration may request the party not being fully successful in arbitration to reimburse the cash-expenses of the court that are not covered by an advance payment pursuant to Art. II Section 2.2 hereof; if the party has only partial success in arbitration the court of arbitration may proportionally divide obligation to reimburse cash-expenses of the court between the parties. If the parties reach a peaceful settlement of their dispute in conciliation before the court of arbitration, the court may request the parties to jointly and severally reimburse cash-expenses of such conciliation.
• 3.8. The court of arbitration may request payment from the party that has a duty to reimburse the fee for a measure, which was taken by the court despite the fee for such measure was not paid yet. The court of arbitration, however, may in this case also resolve that the party set out in Section 3.7 under conditions set therein shall reimburse such fee.
• 3.9. The parties may agree on division and compensation of costs of arbitration in a manner differing from the above mentioned provisions. The court of arbitration is obliged to follow such agreement (except for issues of division and compensation of cash-expenses set out in Sections 3.7 and 3.8 hereof, in which case the court of arbitration is not bound by an agreement of the parties) only if such an agreement is submitted to the court prior to issuance of decision on compensation of costs of arbitration.
• 3.10. Decision on compensation of costs of arbitration shall be contained in the arbitration award closing the proceedings. The party is obliged to submit calculation of costs of arbitration, compensation of which it claims in arbitration until delivery of arbitration award closing the proceedings at the latest, otherwise the court will not accept its claim for compensation of costs.

Art.IV.
Reimbursement of Arbitration Fees

• 4.1. Arbitration fees are due for individual measures or proceedings of the court of arbitration (hereinafter the “measure“) in amount set out in the Fee Chart. In events that deserve a special consideration, the President of the Presidium may set lower fee than set out in the Fee Chart.
• 4.2. The party making a proposal for the measure is obliged to reimburse applicable fee unless this Regulation on Costs of Arbitration or the Rules of Procedure state otherwise.
• 4.3. In case of a special fee for entering of accessory party (in Slovak: vedľajší účastník) to arbitration, part of arbitration fee consisting in increase of the arbitration fee shall be borne jointly by the accessory party and the party who requested entry of the accessory party to the arbitration.
• 4.4. If several parties are obliged to pay arbitration fee jointly, they shall pay the fee jointly and severally.
• 4.5. An obligation to pay arbitration fee occurs upon:
  • a) filing of a motion or request for the measure,
  • b) filing of a claim for set-off,
  • c) filing of an objection of lack of jurisdiction of the court of arbitration,
  • d) filing of a motion for appointment of an arbitrator not registered with the Roll of Arbitrators of the court of arbitration,
  • e) filing of an objection of bias against an arbitrator.
• 4.6. Arbitration fee is due upon occurrence of payment obligation for the same.
• 4.7. Fee quote is listed in the Fee Chart as a percentage from a fee base (hereinafter the “percentage“) or as a lump sum.
• 4.8. In case of percentage, the fee base shall be value of a subject-matter of the measure in time of occurrence of an obligation to pay arbitration fee.
• 4.9. The value of the subject matter of the measure shall be:
  • a) pecuniary amount claimed in the arbitration,
  • b) value of an asset subject of a claim in arbitration,
  • c) value of a legal relation, in claim for determination of existence or non-existence of legal relation,
  • d) value of material interests connected to a claim for determination of an obligation to act, to refrain from certain activity or to bear exercise of certain activity or existence of certain state.
• 4.10. If it is not possible to determine the value of the subject matter of the measure, the fee base shall be a customary value in time and place of occurrence of an obligation to pay arbitration fee. If the fee base shall be the value of a real estate, such value shall be determined in accordance with a special regulation.
• 4.11. Value of accessories shall be included to the fee base only if accessories form a separate subject of the measure.
• 4.12. If the subject of the measure is a repetitive performance, the fee base for such measure shall be an aggregate of all those performances.
• 4.13. If the subject of the measure is a repetitive performance for an indefinite period of time, life term or period of more than three years, the value of performance is determined as an amount of three times value of annual performance. The same shall apply to value of rights to be exercised repeatedly.
• 4.14. In case of modification or supplement of a statement of claim, filing of a counterclaim or a claim for set-off, the fee base shall be a value being subject of modification or supplement of a statement of claim, counterclaim or claim for set-off.
• 4.15. In proceedings on review of arbitration award the fee base shall be an amount claimed in such review proceedings. If a request for review is filed by both claimant and respondent, each of them pays the fee based on a value of its respective claim contained in a request for review of an arbitration award.
• 4.16. If the fee base is denominated in a foreign currency, it shall be converted to Slovak Koruna on the basis of the currency rate of the National Bank of Slovakia as of the day when the obligation to pay arbitration fee occurred. The court of arbitration may resolve that the party paying the fee is obliged to reimburse the fee in the currency in which the value of the subject of the measure is denominated; if the value of the subject of the measure is denominated in several currencies, the court shall generally determine one currency in which the fee is payable.
• 4.17. The party obliged to pay the fee shall state the value of the subject of the measure even if the subject is not of pecuniary character; if the subject of the measure is formed of several claims, the party is obliged to quote each claim separately and the value of the subject of the measure shall be determined as an aggregate of all claims. If the party obliged to pay the fee fails to do so, or if such party states incorrect value, value of the subject of the measure shall be determined by the court of arbitration on the basis of data at its disposal.
• 4.18. If the Fee Chart contains in respect of a particular item thereof a maximum amount of the fee, limitation by such a maximum fee does not refer to further elevation of the fee pursuant to other items of the Fee Chart.
• 4.19. Arbitration fee is due by a wireless transfer to a bank account of the court of arbitration; fee pursuant to the Item 18 of the Fee Chart may be paid also in cash. The fee is deemed to be reimbursed upon crediting of respective sum to the bank account of the court of arbitration or by making of cash deposit with the court’s cash desk.

Art.V.
Effects of Failure to Pay Arbitration Fee

• 5.1. In event that the fee that is due upon filing of a statement of claim was not timely paid or was paid in an incorrect amount, the court of arbitration requests the party obliged to pay the fee to duly pay the fee within additional period of ten (10) calendar days from delivery of notice containing court‘s request; if the fee is not duly paid in additional period, the court of arbitration shall resolve upon suspension of arbitration. Provision of previous sentence shall apply accordingly to a failure to pay the fee for a counterclaim as well as the fee for a request for review of arbitration award.
• 5.2. In event that the fee for modification or supplement of statement of claim is not paid even in grace period of ten (10) calendar days following delivery of the notice by the court of arbitration, the court shall deny such motion for modification or supplement of statement of claim.
• 5.3. If the fee is not duly paid in other cases, the court of arbitration shall request the party obliged to pay the fee to duly pay the fee within additional period of ten (10) calendar days from delivery of notice containing court‘s request; if the fee is not duly paid in additional period, the court of arbitration is not bound to take the measure or may disregard the motion even if the party obliged to pay the fee reimburses the fee later. This does not bar the parties to file new motion for the measure.

Art.VI.
Refund of Arbitration Fee

• 6.1. Arbitration fee shall be refunded in full to the party, who paid it:
  • if the fee was paid by the party who was not obliged to do so,
  • in case the fee was paid for objection of lack of jurisdiction of the court of arbitration and such objection proves to be well-founded.
• 6.2. If the fee was paid in excess of the fee due, a payment in excess would be returned in full to the party that made the excess payment.
• 6.3. The fee reduced by 50% shall be refunded to the party who paid it, if:
  • a) the arbitration was suspended on grounds of (i) withdrawal of the statement of claim in full prior to institution of the first hearing in case of arbitration in oral form, or (ii) withdrawal of a counterclaim in full prior to institution of the first hearing in case of arbitration in oral form, or (iii) lack of jurisdiction of the court of arbitration, or
  • c) in other cases if a motion for the measure is withdrawn prior to a resolution of the court of arbitration on or prior to taking such a measure.
• 6.4. If any of events set out in Section 6.3 hereof occurs partially, a respective part of the fee reduced by 50% shall be refunded to the party who paid the fee.
• 6.5. Provisions of Sections 6.3 and 6.4 apply only to fees in amount of at least SKK 5,000.
• 6.6. A sole arbitrator (or a three member arbitration tribunal) having jurisdiction to settle the dispute in arbitration shall resolve upon refund of the fee; if the arbitrator (or arbitration tribunal) is not appointed, the President of the Presidium shall resolve upon refund of the fee.
• 6.7. The court of arbitration shall resolve on refund of the fee or part thereof within 10 days from when it finds out that an event for refund of the fee occurred.

Art.VII.
Fee Chart

• Item 1
  Fee for arbitration in written form before a sole arbitrator shall be
  up to SKK 10.000 1.000
  up to SKK 50.000 SKK 1.000
  and 4% of the value of the subject of the dispute exceeding SKK 10.000
  up to SKK 100. 000 SKK 2.600
  and 3,8% of the value of the subject of the dispute exceeding SKK 50.000
  up to SKK 250.000 SKK 4.500
  and 3,7% of the value of the subject of the dispute exceeding SKK 100.000
  up to SKK 500.000 SKK 10.050
  and 3,6% of the value of the subject of the dispute exceeding SKK 250.000
  up to SKK 1 mln. SKK 19.050
  and 3,5% of the value of the subject of the dispute exceeding SKK 500.000
  up to SKK 5 mln. SKK 36.550
  and 3,2% of the value of the subject of the dispute exceeding SKK 1 mln.
  up to SKK 10 mln. SKK 164.550
  and 2% of the value of the subject of the dispute exceeding SKK 5 mln.
  up to SKK 50 mln. SKK 264.550
  and 1,2% of the value of the subject of the dispute exceeding SKK 10 mln.
  up to SKK 100 mln. SKK 744.550
  and 0,5% of the value of the subject of the dispute exceeding SKK 50 mln.
  up to SKK 500 mln. SKK 994.550
  and 0,2% of the value of the subject of the dispute exceeding SKK 100 mln.
  up to SKK 1 billion. SKK 1.794.55
  and 0,1% of the value of the subject of the dispute exceeding SKK 500 mln.
  over SKK 1 billion. SKK 2.294.550
  and 0,08% of the value of the subject of the dispute exceeding SKK 1 billion.
  
  The maximum amount of the fee according to the Item 1 shall be SKK 3 million.
• Item 2
  Poplatok za rozhodcovské konanie v ústnej forme pred jedným rozhodcom sa rovná poplatku podľa Položky 1 zvýšenému o 20 %.
  Minimálna výška poplatku podľa Položky 2 je 3.000 SKK a maximálna výška poplatku je 3 mil. SKK.
• Item 3
  Fee for arbitration in oral form before a sole arbitrator equals to a fee set out in Item 1 increased by 20%.
  The minimum amount of the fee under this Item 2 shall be SKK 3,000 and the maximum amount of the fee shall be SKK 3 million.
• Item 4
  Fee for arbitration in oral form before three-member arbitration tribunal equals to a fee set out in Item 2 increased by 30% per each additional arbitrator.
  The minimum amount of the fee under this Item 4 shall be SKK 15,000 and the maximum amount of the fee shall be SKK 4 million.
• Item 5
  If it is not possible to determine the value of the subject matter of the dispute, the arbitration fee shall be determined by the President of the Presidium based upon circumstances of the subject matter of the dispute. The minimum amount of the fee in this case shall be
  • a) SKK 1,000 in case of arbitration in written form before a sole arbitrator
  • b) SKK 3,000 in case of arbitration in oral form before a sole arbitrator
  • c) SKK 5,000 in case of arbitration in written form before a three-member arbitration tribunal
  • d) SKK 15,000 in case of arbitration in oral form before a three-member arbitration tribunal
  and the maximum amount of the fee shall be SKK 250,000.
• Item 6
  In case of arbitration with an international element the President of the Presidium may resolve that the arbitration fee listed in Items 1 to 5 above shall be increased by 30% depending upon circumstances of a given case and upon type of arbitration set out in Items 1 to 5.
  Fee for arbitration with an international element shall be, regardless of the number of arbitrators resolving given dispute, in the minimum amount of SKK 30,000 in case of written form arbitration and in the minimum amount of SKK 60,000 in case of oral form arbitration.
• Item 7
  If more than two parties take part in the arbitration, arbitration fee shall be increased by 20% per each additional party or accessory party to arbitration.
• Item 8
  Fee for counterclaim or claim for set-off shall be calculated in the same manner as the fee pursuant to Items 1 to 7 depending on fact in what proceedings counterclaim or claim for set-off was filed.
• Item 9
  Fee for modification or supplement of the statement of claim
  • a) shall be calculated in accordance with Items 1 to 4, 6 and 7 based upon the value of the subject of modification or supplement of the statement of claim and type of arbitration set out in Items 1 to 4, 6 and 7 in case it is possible to estimate pecuniary value of the subject matter of modification or supplement of statement of claim,
  • b) shall be calculated as the fee set out in Items 5, 6 and 7 depending on type of arbitration set out in Items 5, 6 and 7 in case it is not possible to estimate pecuniary value of the subject matter of modification or supplement of statement of claim.
  Fee for modification or supplement of the counterclaim or claim for set-off
  • a) shall be calculated as the fee set out in Item 8 based upon the value of the subject of modification or supplement of counterclaim or claim for set-off in case it is possible to estimate pecuniary value of the subject matter of modification or supplement of counterclaim or claim for set-off,
  • b) shall be calculated as the fee set out in Items 5, 6 and 7 depending on type of arbitration set out in Items 5, 6 and 7 in case it is not possible to estimate pecuniary value of the subject matter of modification or supplement of counterclaim or claim for set-off.
• Item 10
  Fee for objection of lack of jurisdiction of the court of arbitration including objections concerning existence or validity of arbitration agreement shall be in amount of 50% of the arbitration fee pursuant to Items 1 to 7 depending on type of arbitration set out in Items 1 to 7 such in which such objection has been filed.
  The maximum amount of the fee under this Item 10 shall be SKK 250,000.
• Item 11
  A special fee for compensation of costs of arbitration to be settled by an arbitrator not registered with the Roll of Arbitrators of the court of arbitration shall be in amount of 20% from arbitration fee set out in Items 1 to 7 per each arbitrator depending on type of arbitration set out in Items 1 to 7.
  The minimum amount of the fee pursuant to Item 11 shall be SKK 1,000 and the maximum amount of the fee shall be SKK 250,000.
• Item 12
  Fee for objection of bias against arbitrator shall be SKK 2,000.
• Item 13
  Fee for review of arbitration award shall be calculated in the same manner as the fee pursuant to Items 1 to 7 depending on type of arbitration set out in Items 1 to 7.
• Item 14
  If the court of arbitration issues arbitration award without reasoning based upon agreement of all parties to arbitration, the arbitration fee shall be reduced by 20%.
• Item 15
  Fee for conciliation and mediation proceedings shall be paid in amount of difference between arbitration fee in written and in oral arbitration proceedings calculated on the basis of fact in which type of proceedings listed in items 1 to 7 such conciliation and mediation takes place.
• Item 16
  Fee for explication of arbitration award or part thereof shall be in the amount of 20% of the arbitration fee according to items 1 to 7 and 13 depending on the type of arbitration stipulated in the above mentioned items of the Fee Chart or in amount of 20% of the fee set out in item 14 if explication concerns arbitration pursuant to the item 14.
  Minimum amount of the fee under this item 16 shall be SKK 1,000 and the maximum amount shall be SKK 250,000.
• Item 17
  Fee for issuance or denouncement of a preliminary injunction and for a review of the resolution on preliminary injunction shall be SKK 2,000.
• Item 18
  Fee for making a transcript of written submissions, its attachments or award of the court of arbitration from the courts’ file shall be SKK 10 per each even commenced page.
  Fee for making a photocopy of written submissions, its attachments or award of the court of arbitration from the courts’ file shall be SKK 5 per each even commenced page.
  

All fees listed in the Fee Chart are quoted without applicable VAT.