Beijing Arbitration Commission

Mediation Fee Schedule of the Beijing Arbitration Commission
(Adopted at the First Meeting of the First Session of the council of the Beijing Arbitration Commission Mediation Center on August 31, 2011. Effective as of September 28, 2011)

Where the parties file a request for mediation at the Beijing Arbitration Commission Mediation Center (herein after referred to as the “Center"), the parties shall pre-pay mediation fees pursuant to the Beijing Arbitration Commission Mediation Center Mediation Fee Schedule (herein after referred to as the ”Fee Schedule”). The mediation fees include a registration fee, administrative fee, and mediators’ remuneration.

I. Registration Fee
A party filing a request for mediation shall pay a non-refundable registration fee of RMB ¥500 to the Center.

II. Administrative Fee

Claim Amount (RMB ¥)

Rate

Total Administrative Fee (RMB ¥)

No more than 200,000   1000
200,001 to 500,000 1% 1,000 plus 1% of the amount of claim exceeding 200,000
500,001 to 1,000,000 0.5% 4,000 plus 0.5% of the amount of claim exceeding 500,000
1,000,001 to 5,000,000 0.1% 6,500 plus 0.1% of the amount of claim exceeding 1,000,000
5,000,001 to 20,000,000 0.05% 10,500 plus 0.05% of the amount of claim exceeding 5,000,000
20,000,001 to 40,000,000 0.03% 18,000 plus 0.03% of the amount of claim exceeding 20,000,000
Above 40,000,000 0.01% 24,000 plus 0.01% of the amount of claim exceeding 40,000,000; up to 100,000

1. Where the conference room of the Center is occupied for over 1 full day, a fee shall be charged pursuant to the Table of the Beijing Arbitration Commission Mediation Center Conference Room Fees (see Appendix I).

2. Where the following circumstances arise, the Center will charge additional administrative fee(s):
(1) Where there is more than one mediator, an additional administrative fee of 10% will be charged for each additional mediator.
(2) Where the working language is English, an additional administrative fee of 10% will be charged.
(3) Where the enforcement of the settlement agreement requires assistance from the Center and the Center agrees to assist, an additional administrative fee of 10% will be charged.

3. Where the claimed amount is uncertain, the administrative fee shall be determined by the Center.

4. Where parties choose the Center as the venue for mediation, parties may pay conference room and equipment fees separately pursuant to the Table of Beijing Arbitration Commission Mediation Center Conference Room Fees (see appendix I). When the aforementioned fee is paid by the parties, the total administrative fee borne by the parties shall be reduced by 50%.

5. Where the parties have agreed to other venues for mediation, the total administrative fee shall be reduced by 50%.

III. Mediators’ Remuneration

Amount of Claim (RMB ¥) Rate Total Remuneration (RMB ¥)
No more than 500,000   6,500
500,001 to 1,000,000
1%
6,500 plus 1% of the amount of claim exceeding 500,000
1,000,001 to 3,000,000
0.15%
11,500 plus 0.15% of the amount of claim exceeding 1,000,000
3,000,001 to 5,000,000
0.1%
14,500 plus 0.1% of the amount of claim exceeding 3,000,000
Above 5,000,000
0.05%
16,500 plus 0.05% of the amount of claim exceeding 5,000,000

1. This remuneration schedule shall apply when there is only one mediator. Where the parties have agreed to appoint two or more mediators, the total amount of the mediators’ remuneration shall be multiplied by the number of the mediators.

2. Where the claim amount is uncertain, the total administrative fee shall be jointly determined by the Center and the mediators.

3. If the mediators’ remuneration is otherwise agreed to by the parties and the mediators, such agreement shall apply. When a mediator charges an hourly rate, the mediator may request remuneration in accordance with his / her rate. The Provisions on Mediators’ Remuneration (see Appendix II) provide details for the calculation of mediator work hours.

4. The parties shall be responsible for all taxes in connection with the remuneration of the mediators, except for income tax. This may include business tax, urban maintenance and construction tax, surtax for education, corporate income tax, etc.

IV. Refund of Mediation Fees
Where the mediation is unsuccessful, the Center may at its discretion issue a refund for the amount of the administrative fee paid in excess of RMB ¥5,000. The refund shall not exceed 50% of the claim amount exceeding RMB ¥5,000.
Where the mediator’s remuneration is not refunded, if a mediator’s work hours are relatively short, the Center may at its discretion refund the mediator’s remuneration exceeding RMB ¥20,000 (RMB ¥20,000 exclusive), unless the refund amount is otherwise agreed by the parties and the mediator.

Appendix I
Table of Beijing Arbitration Commission Mediation Center Conference Room Fees

Size Accommodation Capacity Rate Available Equipment
RMB¥ / Half Day RMB ¥/ Full Day
Small 10 people 800 1500 computer, printer, photocopier, fax and free internet access
Medium 10 – 20 people 1600 3000 computer, printer, photocopier, fax and free internet access, LCD TV, projector, discussion room
Large 20 – 30 people 2500 4500 computer, printer, photocopier, fax and free internet access, LCD TV, projector, discussion room, Electronic white-board, video conference equipment (available for an additional charge of RMB ¥500 / half day), simultaneous interpretation (separate charge)

Note: Conference room use, up to 4 hours, will be charged the half-day rate. Use exceeding 4 hours and up to 8 hours will be charged the full day rate. For use exceeding 8 hours, an additional 30% of the full day rate will be charged per hour.

Appendix II

Provisions on Mediators’ Remuneration Fees

Article 1
A mediator’s work hours shall include the time spent for the following activities:
    1. Unilateral or joint meetings with the parties through conference calls or in person;
    2. time spent studying the case;
    3. time spent drafting the mediation plan; and
    4. a portion of the time traveling to the mediation venue.
Mediator work hours will be rounded up to half-hour for time spent up to 30 minutes and up to one hour for the time spent between 30 minutes to an hour.

Article 2
Upon acceptance of the selection or appointment, a mediator shall submit a work plan to the Center with approximate number of work hours, the mediator’s hourly rate and an estimate of the remuneration. The Center shall collect in advance the mediator’s remuneration in accordance with the estimate of the remuneration provided by the mediator and the taxes in connection with the mediation pursuant to the Fee Schedule.

Article 3
During the course of the mediation, the mediator shall keep a daily time log of work hours with details regarding the mediator’s functions and the number of work hours spent per function and shall send a copy of the time log to both parties and the Center as the basis for charging the mediation fees. The Center shall coordinate any challenge to the timesheet the mediators may have. If coordination efforts fail, the Center shall determine the amount of the mediation fee.

Article 4
Where the actual mediation costs exceed the deposited remuneration of the mediator, the mediator shall submit a list regarding the shortfall to the Center in order to obtain remuneration for the shortfall. The parties shall be charged by the Center for the shortfall, including taxes in accordance with Fee Schedule Part III Section 4. Where the parties fail to make a timely payment, the mediation procedure shall be terminated.

Article 5
Upon the conclusion of the mediation, the mediator shall submit a statement of settlement regarding the mediator’s remuneration to the Center, including the detailed information of the functions of the mediator, the number of work hours and the total sum of the remuneration.

Article 6
After examining the statement of settlement submitted by the mediator, the Center shall pay the mediator.

Article 7
Upon conclusion of the mediation, where the deposited mediation fees exceed actual mediation costs, the excess shall be reimbursed to the parties by the Center

 


Model Arbitration Clause Arbitration Clause
All disputes arising from or in connection with this contract shall be submitted to Beijing Arbitration Commission / Beijing International Arbitration Center for arbitration in accordance with its rules of arbitration in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties.
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