Tariff of Arbitration Charges and Expenses

of the ARBITRATION COURT at EIMA

Adopted by the Constituent Assembly of the Association EIMA held on 25.09.2013

Art.1. Arbitration Charges and Deposits

Arbitration proceedings shall involve payment of charges and a deposit for expenses.

“Arbitration charge” is the amount, paid to cover the overall expenses of the ARBITRATION COURT, including the fees of the arbitrators.

“Deposit” is the amount, paid for the expenses, incurred in connection with the individual cases for summonses and notices, serving papers, fees for interpreters, shorthand recording of minutes, issue of certificates, etc.

Art. 2. Arbitration Charge Rates

(1) The ARBITRTION COURT shall collect arbitration charges, depending on the value of the claim, according to the following table:

(2) The arbitration charge is reduced by 30% if the case is heard by a sole arbitrator, unless subject to a minimum arbitration charge.

(3)The arbitration charge shall be paid in advance. When paid by a bank remittance, the charge shall be considered paid on the day of crediting the bank account of EIMA.

(4) In case of increase in the value of the claim, an extra charge shall be paid and its amount shall be the difference between the charge already paid and the charge due on the value of the claim after the increase.

(5)Accelerated arbitration proceedings shall collect a fee of 80 / eighty / % of the fee specified in Art. 2 Para. 1 of the Tariff of Arbitration Charges and Expenses.

Art. 3. Partial Refunding of Arbitration Charges

In case of termination of the proceeding, the claimant shall be refunded as follows:

75% of the amount paid of the arbitration charge and deposit, if the termination has taken place before the Arbitral Tribunal has started any proceedings in preparation of the hearing of the case;

50% of the amount paid of the arbitration charge, when the case has been terminated after the Arbitral Tribunal has started the proceedings at the hearing;

25% of the amount paid of the arbitration charge when the ruling on the challenge of jurisdiction is rendered in the award in the case , in the event of termination of proceedings due to an eventual claim or an eventual objection to a set-off, awarded during the hearing, as well as when the parties have requested the termination of proceedings within the time limit for rendering of the award.

The provisions of the above para shall not apply when the minimum amount of the charge is paid, as well as when the claimant has retrieved the claim or has remained inactive, even after the Arbitral Tribunal has rendered a preliminary award, entirely determining the outcome of the case.

The application for the return of the charge must be made within two months of the issuance of the order for termination.

The ruling for refunding a part of the amount of arbitration charge shall be rendered by the Arbitral Tribunal and when the Tribunal has not been composed – by the Chairman of the ARBITRATION COURT.

On a monthly deposit of 3000 claims by the same claimant with claims of up to 10 000 levs, every one of them, the arbitration charge for conducting each individual claim amounts to 20 levs.

Art. 4. Arbitration Charge on Counterclaims and Requests for Set-off

 The arbitration charges on counterclaims and requests for set-off shall be collected according to the provisions for charges concerning the principal claim.

Art. 5. Deposit for Arbitration Expenses

The expenses deposit shall be determined by the Chairman of the ARBITRTION COURT and shall be advanced by the claimant.

The deposit shall be accounted for by the Arbitral Tribunal upon rendering the award or termination of the proceedings. The Tribunal orders the return of the unused part of the deposit to the claimant and respectively shall ask the latter to pay the difference between the deposit and the real amount of the expenses incurred in the course of the proceedings. If no Arbitral Tribunal has been composed, the deposit shall be accounted for by the Chairman of the ARBITRATION COURT.

Art. 6. Expenses for Collection of Evidence on the Case

The amounts related to the fees of experts and, if necessary, their travel and daily allowances for preparation of their opinions, as well as the expenses for in situ inspections shall be advanced by the parties requesting such measures, in amounts determined by the Arbitral Tribunal.

Art. 7. Additional Expenses

The party which has appointed an arbitrator, whose participation in the sessions of the Arbitral Tribunal is connected with travel and sojourn costs in Sofia, where the seat of the Arbitration Court is, shall advance the amount of these expenses which shall be for its account, regardless of the outcome of the proceedings.

Art. 8. Liabilities of Parties for Arbitration Charges, Deposits and Other

Unless otherwise agreed upon by the parties, the expenses covering arbitration charges, deposits and collection of evidence on the case, shall be borne by the party against which the award is rendered, and when a part of the claim is granted, these expenses shall be adjudicated in proportion to the granted and rejected parts of the claim. Expenses paid to a witness shall be adjudicated if proved by the party claiming these expenses but their amount shall not exceed the rates established by law.

The party in whose favour the award is rendered, may request adjudication of the normal expenses for its participation in the case. These expenses shall be proved before the ARBITRATION COURT.

Upon settlement the expenses remain on the sides as they did, if not otherwise agreed.

The party which has used a legal representation by an attorney on the case but has failed to produce evidence concerning the expenses incurred, shall be adjudicated the minimum rate as fixed by the Tariff for attorneys’ fees