Regulations on Income Fees

 

APPROVED

By order of the Chairman

ICAS Arbitration

Order No. 01-02-001/22 dated 10.01.2022

 

REGULATIONS

ON EXPENSES AND FEES

Article 1. Arbitration Fee

“Arbitration Fee” – a monetary amount paid by the plaintiff when submitting a statement of claim to the ICAS Arbitration, to cover general expenses related to the activities of the Arbitration (specifically, arbitrators' fees, secretariat compensation, expenses for organizing arbitration proceedings, etc.) arising from the consideration of the arbitration case.

Article 2. Calculation of the Arbitration Fee

1. State duty cannot be less than 20 monthly calculation indicators (hereinafter – MCI), excluding VAT.
2. For individuals, 2% of the amount of the claim for each property-related demand, including claims for moral damages arising from property claims.
3. For legal entities, 3% of the amount of the claim for each property-related demand, including claims for moral damages arising from property claims.
4. For cases of recognizing transactions invalid, termination, cancellation, division of property, determination of ownership shares, disputes related to the division of jointly owned property, eviction, claims for movable and immovable property, claims for documents, execution of obligations, and other non-property claims, the arbitration fee is 70 MCI, but may be increased depending on the complexity of the case.
5. The fee for reviewing a party's request to reconsider a decision due to newly discovered circumstances is 20 MCI.
6. In case of resumption of arbitration proceedings following the cancellation of the Arbitration's decision by the court of the Republic of Kazakhstan, the arbitration fee must be paid again. This provision also applies if the decision is cancelled and reconsidered due to newly discovered circumstances. The payment of the arbitration fee in such cases is based on the rules of this Regulation.
7. Counterclaims and demands are subject to the same rules as those applied to the main claim.

Article 3. Procedure and deadlines for payment of arbitration expenses and fees.

1. Arbitration expenses and fees owed to the Arbitration are considered paid on the day they are credited to the Arbitration's bank account.
2. Bank transfer fees for arbitration expenses and fees are the responsibility of the party making the payment.
3. Payment documents confirming the payment of the arbitration fee must be submitted to the Arbitration's secretariat.
4. The arbitration fee is calculated in tenge, payable before the statement of claim is submitted by transferring it to the bank account of the Arbitration of Astana. Non-residents of the Republic of Kazakhstan are allowed to pay in other currencies.
5. The arbitration fee is non-refundable.
6. Taking into account the complexity of the case, time spent, and expenses related to the arbitration proceedings, the Chairman or Deputy Chairman of the Arbitration may issue a ruling to increase or decrease the amount of the arbitration fee.
7. If the amount of the claim increases during the arbitration proceedings, the plaintiff must pay the additional arbitration fee based on the increased claim amount. Failure to pay the additional arbitration fee will result in the Arbitration not considering the amended claim. If the claim amount decreases during the arbitration proceedings, the arbitration fee remains unchanged.
8. When forming an arbitration panel consisting of three or more arbitrators, unless otherwise agreed by the parties, each party appoints its arbitrator, who then elects the presiding arbitrator, making the total number odd. In such cases, each party bears additional costs for the fees of the selected arbitrators, as outlined in Article 3, Paragraph 9 of this Regulation.
9. If the dispute is to be heard by an arbitration panel of three or more arbitrators, and a party disagrees with the arbitrator chosen by the other party or appointed by the Chairman of the Arbitration, that party must pay an arbitration fee of 30 MCI for each additional arbitrator it appoints.
10. The same rules for the arbitration fee apply to counterclaims and demands considered together with the initial claim. Failure to pay the arbitration fee for a counterclaim or demand will result in the Arbitration not considering the counterclaim or demand.
11. If arbitration proceedings are resumed following the cancellation of the Arbitration's decision, the arbitration fee is not subject to repeated payment, except in cases where the composition of the arbitration panel is changed at the request of one of the parties. In such cases, the arbitration fee is paid by the party requesting the change, according to Paragraph 8 of this Regulation.
12. The arbitration fee is paid upon submission of the statement of claim. The Chairman or Deputy Chairman of the Arbitration may, at the plaintiff’s request, grant an installment or deferment of the arbitration fee.
13. At the plaintiff's request, payment of the arbitration fee in another freely convertible currency (USD or Euro) may be allowed.
14. When requesting a duplicate of the Arbitration's decision, a fee of 1 MCI is charged.

Article 4. Distribution of the Arbitration Fee among the Parties

1. If the parties do not agree otherwise, the arbitration fee is imposed on the party against whom the arbitration decision was made.
2. If the claim is partially satisfied, the arbitration fee is imposed on the respondent proportionally to the amount of the satisfied claim and on the plaintiff proportionally to the part of the claim that was not satisfied.

Article 5. Payment of Arbitrators' Fees

1. Arbitrators' fees – amounts paid to arbitrators for considering a particular case. The Chairman or Deputy Chairman of the Arbitration determines the fee amount for each arbitrator, taking into account the claim value, case complexity, time spent by the arbitrators on the arbitration proceedings, and any other relevant factors.
2. Arbitrators' fees are paid from funds received as an arbitration fee after the Arbitration issues a decision or an order to terminate the arbitration proceedings.
3. Any agreements on fees between the parties and arbitrators are prohibited.

Article 6. Coverage of Additional Arbitration Expenses

1. The Arbitration may require the parties or one party to make an advance payment to cover additional arbitration expenses related to the arbitration proceedings.
2. An advance to cover additional expenses may be requested by the Arbitration from the party initiating an action that may cause additional expenses if that request is deemed justified. The Arbitration may make the performance of such actions contingent on the advance payment by that party within the specified period.
3. If a party appoints an arbitrator residing outside the location of the Arbitration's hearings, that party must make an advance payment for the arbitrator's participation expenses (travel, lodging, etc.). If such an arbitrator is chosen by the Chairman of the arbitration panel, the plaintiff must make the advance payment.
4. If a party requests translation services for explanations, statements, questions, clarifications, or directions, those translation costs must be covered by the requesting party.

If, by agreement of the parties, the hearing is conducted in a language other than Russian, the costs for translation are borne by the party requesting the translation.

The Arbitration may require the relevant party or parties to make an advance payment for these costs.

The same rules apply to the translation of the Arbitration's decisions.

5. The distribution of additional arbitration expenses among the parties is done in accordance with Article 4 of these Regulations.

Article 7. Parties' Expenses

1. Parties' expenses are costs incurred by the parties to protect their interests during the arbitration proceedings, including expenses for:
2. a) payment for actions related to the inspection and examination of written and physical evidence at their location;
3. b) conducting expertise;
4. c) compensation for witnesses, translators, experts for their participation in arbitration hearings;
5. d) other expenses not related to arbitration fees and expenses, which are covered by the party incurring them.
6. Upon mutual agreement, the parties may share these expenses in accordance with their mutual arrangement.