China Maritime Arbitration Commission Arbitration Fee Schedule II

This Fee Schedule shall not apply to arbitrations accepted under these Rules except as otherwise explicitly agreed by the parties. Other provisions are the same as Arbitration Fee Schedule I.

China Maritime Arbitration Commission Schedule of Arbitration Fee III

Unless otherwise agreed by the parties, this fee schedule applies to arbitrations administered by CMAC Hong Kong Arbitration Center. 

I. Registration Fee

When submitting a Request for Arbitration to CMAC Hong Kong Arbitration Center, the Claimant shall pay in advance for the registration fee of HKD 8,000, which will be used for examining the Request for Arbitration, initiating the arbitral proceedings, computerizing management, filing documents and labor costs. The registration fee is not refundable.

II. Administration Fee

1. Table of Administration Fee

2. The administration fees include remuneration of case managers and costs for hearing rooms of CMAC Hong Kong Arbitration Center. 

3. Claims and counterclaims are aggregated for the determination of the amount in dispute. Where the amount in dispute is not ascertained at the time of applying for arbitration, or where special circumstances exist, the amount of the administration fees shall be determined by CMAC taking into account the circumstances of the case.

4. Apart from charging the administration fee according to this Table, CMAC may also collect other additional reasonable and actual costs pursuant to the relevant provisions of these Rules, including but not limited to translation fees, written record fees, and costs for hiring hearing rooms other than those of CMAC Hong Kong Arbitration Center.

5. Where the registration fee and the administration fee are charged in a currency other than HKD, CMAC shall collect the amount in RMB or in other foreign currency equivalent to the amount in HKD as is specified in this Table.

III. Arbitrator’s Fees and Expenses

A. Arbitrator’s Fees and Expenses (Based on the Amount in Dispute)

1. Arbitrator’s Fees Table

2. Unless otherwise provided in this Schedule, the arbitrator’s fees shall be determined by CMAC in accordance with the above Table having regard to the specific circumstances of the case. The arbitrator’s expenses shall include all reasonable and actual expenses incurred from the arbitrator’s arbitration activities.

3. The arbitrator’s fees may exceed the corresponding maximum amount listed in the Table provided that the parties so agree in writing or CMAC so determines under exceptional circumstances.

4. The parties shall advance the payment of the arbitrator’s fees and expenses determined by CMAC. Subject to the approval of CMAC, the parties may pay the arbitrator’s fees and expenses in installments. The parties shall be jointly and severally liable for the payment of the arbitrator’s fees and expenses.

5. Claims and counterclaims are aggregated for the determination of the amount in dispute. Where the amount in dispute is not ascertainable, or where special circumstances exist, the amount of the arbitrator’s fees shall be determined by CMAC taking into account the circumstances of the case.

B. Arbitrator’s Fees and Expenses (Based on an Hourly Rate)

1. Where the parties have agreed in writing that the arbitrator’s fees and expenses are to be calculated on a basis of hourly rate, their agreement shall prevail. The arbitrator is entitled to fees on a basis of hourly rate for all the reasonable efforts devoted in the arbitration. The arbitrator’s expenses shall include all reasonable and actual expenses incurred from the arbitrator’s arbitration activities.

2. Where a party applies for the Emergency Arbitrator Procedures, the emergency arbitrator’s fees shall be calculated on a basis of hourly rate.

3. The hourly rate for a co-arbitrator shall be agreed upon by such co-arbitrator and the nominating party. The hourly rate for a sole or a presiding arbitrator shall be agreed upon by that arbitrator and both parties. Where the hourly rate cannot be agreed upon, or the arbitrator is appointed by the Chairman of CMAC, the hourly rate of the arbitrator shall be determined by CMAC. The hourly rate for the emergency arbitrator shall be determined by CMAC.

4. An agreed or determined hourly rate shall not exceed the maximum rate fixed by CMAC as provided on the website of CMAC on the date of the submission of the Request for Arbitration. The arbitrator’s fees may exceed the fixed maximum rate provided that the parties so agree in writing or CMAC so determines under exceptional circumstances.

5. The parties shall advance the payment of the arbitrator’s fees and expenses to CMAC, which amount shall be fixed by the latter. The parties shall be jointly and severally liable for the payment of the arbitrator’s fees and expenses.

C. Miscellaneous

1. In accordance with the decision of the arbitral tribunal, CMAC Hong Kong Arbitration Center shall have a lien over the award rendered by the arbitral tribunal so as to secure the payment of fees for the arbitrators and all the expenditures due. After all such fees and expenses have been paid in full by all parties jointly or by one of the parties, CMAC Hong Kong Arbitration Center shall release such award to the parties in accordance with the decision of the arbitral tribunal.

2. Where the arbitrator’s fees and expenses are to be charged in a currency other than HKD, CMAC shall charge an amount of RMB or the foreign currency equivalent to the amount in HKD as specified in this Schedule.