– ARBITRATION FEE SCHEDULE –

ARBITRATION FEE SCHEDULE

A. INSTITUTIONAL ARBITRATIONS

All fees are billed to and paid according to the institutional rules of the arbitration.

B. AD HOC ARBITRATIONS

1. FEES

Mata Dona charges a fee of 250 EUR excl. VAT per hour (rounded up in 15-minute increments), subject to a 4-hour minimum. Mata Dona may charge a higher fee, should this be deemed necessary due to the complexity of the case, the number of parties, etc. Any bank charge incurred on any transfer of funds by the parties to Mata Dona shall be borne exclusively by the party or parties transferring the funds.

2. COSTS

The arbitration costs shall include the fees and expenses of Mata Dona. Mata Dona is entitled to receive from the parties reimbursement of reasonable incurred expenses, rendered necessary by the proceedings and supported by invoices, such as: business class aeroplane tickets to and from the place of the hearing, courier charges, the cost of standard business hotel accommodation and meals shared for the purposes of the conduct of the arbitration.Additionally, Mata Dona is entitled to receiving a fee of 250 EUR excl. VAT per day of meetings in international arbitration.

3. ANCILLARY COSTS

The parties themselves will book any hearing rooms, court reporters or interpreters. In any case, each side will normally bear half of the costs of the arbitration as and when they arise.

4. PARTIES’ LEGAL COSTS

Mata Dona has discretion in deciding whether or not to deal in an award with the costs incurred individually by the parties in respect of the arbitration. For example, the fees and expenses of a party’s lawyers, the fees of its own experts, the travel and accommodation costs of any witness, their own translation costs, etc.

5. ALLOCATION OF FEES

All fees will be billed to and are due from the arbitration parties in equal shares unless the parties agree to a different allocation and notify Mata Dona of the agreed-upon allocation at the time the arbitration is scheduled.

6. DEPOSITS

An initial direction for a deposit of 500 EUR excl. VAT, on account of the costs of the arbitration, other than the legal or other expenses incurred by the parties themselves, must be received by Mata Dona no later than 10 working days prior to the arbitration in order to guarantee the arbitration date and time. Such first advance on costs is non-refundable. Mata Dona may direct advances on costs, other than the legal or other expenses incurred by the parties themselves, at such times as it thinks appropriate as, for example, to settle its arbitration fees by interim payments in an ongoing case. It is not uncommon for two or three directions for deposits to be made at different moments throughout an arbitration proceeding (costs will ultimately depend on how complex or protracted the case will turn out to be).

The remaining balance will be billed to the parties after the conclusion of the arbitration, and is due and payable upon receipt.It is open to Mata Dona to proceed with a case pending the payment of the deposits. Ultimately, non-payment of a Deposit by a party will lead to that party’s cross-claim to be treated as withdrawn. Once Mata Dona is discharged and the file closed, the same party can pursue any withdrawn cross-claim only with a new Request for Arbitration. In any case, a set-off defence shall not be treated as withdrawn for non-payment of a Deposit.

 

7. CANCELLATION / POSTPONEMENT

In the event of cancellation or postponement less than 4 weeks before the start of the hearing, or at any time during the hearing, Mata Dona may charge 500 excl. VAT multiplied by the number of days reserved for the hearing.

 

 

8. PAYMENT RESPONSIBILITY

The parties are jointly and severally responsible for payment of fees and costs.

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