Regulations on Arbitration Fees Payable to the Tianjin Arbitration Commission
(Adopted at the 1st Meeting of the Tianjin Arbitration Commission on September 28, 1995; amended by the Director's Meeting of the Tianjin Arbitration Commission on September 10, 2007)
Article 1 These Regulations are formulated in accordance with the Arbitration Law of the People's Republic of China and other applicable provisions.
Article 2 "Arbitration fees" shall mean the case acceptance fee (the "acceptance fee") and the case settlement fee (the "settlement fee") payable to the Tianjin Arbitration Commission (the "TJAC") when the parties concerned apply for arbitration.
Article 3 The acceptance fee shall be used to pay remunerations to the arbitrators and the necessary expenses of the normal operations of the TJAC. The settlement fee shall be used to cover the travel expenses and other expenses incurred in case handled in Tianjin by the arbitrators who live or work in the administrative area of Tianjin Municipality, and also used to cover the necessary expenses on the preparation, direct service or mailing of arbitration documents.
If the selected arbitrators live or work outside the administrative area of Tianjin Municipality, the parties concerned shall bear the additional travel expenses, accommodation expenses and other reasonable expenses incurred by such arbitrators for case handling.
Article 4 Should there be an amount for the claim made by the parties concerned, the acceptance fee shall be based on the claim amount.
The acceptance fee shall be calculated as follows:
The acceptance fee based on the claim amount
RMB 100 for claim lower than RMB 1,000;
5% for claim between RMB 1,001 and RMB 50,000;
4% for claim between RMB 50,001 and RMB 100,000;
3% for claim between RMB 100,001 and RMB 200,000;
2% for claim between RMB 200,001 and RMB 500,000;
1% for claim between RMB 500,001 and RMB 1,000,000;
0.5% for claim higher than RMB 1,000,001
Should there be no claim amount, the acceptance fee shall be RMB 800 per case.
Should the parties concerned have several claims, the acceptance fee for the claims with amounts shall be calculated in accordance with Paragraph 2 of this Article, and the acceptance fee for the claims without amounts shall be RMB 800.
Article 5 Should there be an amount for the claim made by the parties concerned, the settlement fee shall be based on the claim amount.
The settlement fee shall be calculated as follows:
The settlement fee based on the claim amount
RMB 1,000 for claim lower than RMB 100,001;
0.4% for claim between RMB 100,001 and RMB 200,000;
0.3% for claim between RMB 200,001 and RMB 500,000;
0.25% for claim between RMB 500,001 and RMB 1,000,000;
0.15% for claim higher than 1,000,001 yuan
Should there is no claim amount, the settlement fee shall be RMB 1,000 per case.
Should the parties concerned have several claims, the settlement fee for the claims with amounts shall be calculated in accordance with Paragraph 2 of this Article, and there shall be no settlement fee for the claims without amounts.
Article 6 The parties concerned shall pay the arbitration fees within 2 (two) days upon their receipt of the acceptance notice.
Article 7 Should the parties concerned reduce the claim amounts or the number of claim issues, the arbitration fees for the reduced amounts or issues shall be borne by the applicants.
Article 8 Should the parties concerned provide evidence to prove that it is indeed difficult for them to pay the arbitration fees in advance, they may apply in writing to the TJAC for postponing the payment of part of the acceptance fee. Payment may be postponed subject to the approval of the TJAC. The postponed acceptance fee shall not be greater than 70% of the fees payable, and shall be paid in full prior to the opening of the first arbitration session.
The payment of the settlement fee may not be postponed.
Article 9 Refund of the arbitration fees shall be subject to the following provisions:
(1) If the objection to the effectiveness of the arbitration agreement is tenable, then the full arbitration fees shall be refunded to the parties concerned.
(2) If the parties concerned withdraw the arbitration application prior to the formation of the arbitration tribunal, the full acceptance fee shall be refunded but not the settlement fee.
(3) If the parties concerned withdraw the arbitration application after the formation of the arbitration tribunal and prior to the opening of the first arbitration session, 80% of the acceptance fee shall be refunded and the settlement fee shall not be refunded.
(4) If the parties concerned reach a mediation agreement prior to the opening of the first arbitration session, 50% of the acceptance fee shall be refunded and the settlement fee shall not be refunded.
(5) If the parties concerned withdraw the arbitration application after the opening of the first arbitration session and prior to the tribunal debate, 30% of the acceptance fee shall be refunded and the settlement fee shall not be refunded.
(6) If the parties concerned withdraw the arbitration application after the end of the session opening procedures, the arbitration fees shall not be refunded.
(7) If the applicant is absent without justifiable reasons after being notified in writing or leaves the tribunal without the permission of the arbitration tribunal, it shall be deemed to have withdrawn the arbitration application, and the arbitration fees shall not be refunded.
(8) If the arbitration award is revoked or not enforced by the People's Court, the arbitration fees shall not be refunded.
(9) If the arbitration procedures are suspended on the part of the parties concerned, which eventually leads to the termination of the case, the arbitration fees shall not be refunded.
Article 10 The TJAC shall issue an invoice for the arbitration fees paid by the parties concerned.
Article 11 The unit of the arbitration fees shall be in RMB yuan.
Article 12 These Regulations shall become effective on November 1, 2007.
Annex: Table of Arbitration Fees Payable to the Tianjin Arbitration Commission