Fees of Arbitration

Annex 1

(all amounts are in Bangladesh Taka and can be modified at any time without notice)

1.       Assessment Fee

If a party submits documents for assessment he/she shall pay a Fee of BDT 5,000.00 (five thousand) only.

2.       Registration Fee

  • 2.1 Along with the Notice of Arbitration, the Claimant shall pay a Registration Fee of BDT 20,000.00 (twenty thousand) only.
  • 2.2 Without the Registration Fee, BIAC shall not proceed with the arbitration.
  • 2.3 A Registration Fee of BDT 20,000.00 (twenty thousand) only shall be paid by the Respondent, if filing a counterclaim. This fee shall also be paid at the time of seeking any extension, as required in Rule 13 (4) of BIAC Arbitration Rules 2019.
  • 2.4 The Registration Fee is not refundable.

3.       Administrative Fee

BIAC’s Administrative Fee shall be charged in accordance with the following table:

ADMINISTRATIVE FEE CHART

Sum in dispute (in Taka) Administrative fee (in Taka)
upto 50,00,000 30,000
from 50,00,001 to 1,00,00,000 30,000 + 0.2% above 50,00,000
from 1,00,00,001 to 5,00,00,000 40,000 + 0.1% above 1,00,00,000
from 5,00,00,001 to 10,00,00,000 80,000 + 0.05% above 5,00,00,000
from 10,00,00,001 to 50,00,00,000 1,05,000 + 0.025% above 10,00,00,000
from 50,00,00,001 to 100,00,00,000 2,05,000 + 0.01% above 50,00,00,000
above 100,00,00,000 2,55,000

4.       The Arbitrator’s Fees

Where both parties agree to the application of this Annex to the determination of the Arbitrator’s Fees, such fees shall be charged in accordance with the following table:

ARBITRATOR’S FEE CHART

Sum in dispute (in Taka) Arbitrator’s Fee (minimum in Taka) Arbitrator’s Fee (maximum in Taka)
up to 50,00,000 1,00,000 5,00,000
from 50,00,001 1,00,000 + 2.5% above 5,00,000 + 5.0%  above
to 1,00,00,000 50,00,000 50,00,000
from 1,00,00,001 2,25,000 + 1.25%  above 7,50,000 + 2.5% above
  to 5,00,00,000 1,00,00,000 1,00,00,000
from 5,00,00,001 7,25,000 + 0.5% above 17,50,000 + 1.0% above
to 10,00,00,000 5,00,00,000 5,00,00,000
from 10,00,00,001 9,75,000 + 0.1% above 22,50,000 + 0.2% above
to 50,00,00,000 10,00,00,000 10,00,00,000
from 50,00,00,001 to 100,00,00,000 13,75,000+0.05% above 50,00,00,000 24,50,000 + 0.1 % Above 50,00,00,000
above 100,00,00,000 16,25,000 + 0.01% above 100,00,00,000 29,50,000 + 0.02% above100,00,00,000

5.       Computation of Fees

  • Claims and counterclaims are added for the determination of the amount in dispute. The same rule applies to set-off defences, unless the arbitration tribunal, after consulting with the parties, concludes that such set-off claims will not require significant additional work.
  • The BIAC’s Administrative Fees and the Arbitrator’s Fees may exceed the amounts set out in the scale above where, in the opinion of the BIAC, there are exceptional circumstances which shall include, and not be limited to, the parties conducting the arbitration in a manner not reasonably contemplated by the arbitration tribunal at the time of appointment.
  • Interest claims shall not be taken into account for the calculation of the amount in dispute. However, if the interest claims exceed the amounts claimed in principal, the interest claims alone shall be considered in calculating the amount in dispute.
  • If the claims are made in any currency other than in BDT, they shall be converted into BDT using the mean of the buying and selling rates of exchange published by the Bangladesh Bank.
  • If the amount in dispute is not quantified, the BIAC’s Administrative Fees and the Arbitrator’s Fees shall be fixed by the Secretary General, taking into account all relevant circumstances.

6.       Arbitration Expenses

The expenses of the arbitration shall relate to the actual disbursements for the arbitration, other than Registration Fee, Administrative Fee, and Arbitrator’s Fee. These expenses may cover, but are not limited to: fees and expenses for experts appointed by the Arbitration Tribunal, travel (business class airfare, unless special arrangements have been agreed), accommodation, meals (if in home city, only meals among

arbitrators are taken into account), taxi, communications costs, and any other costs related to the conduct of the proceedings (such as rental of hearing rooms, charges for video  conferencing, court reporting services, interpreters, etc.). BIAC may issue general guidelines to the arbitrators for the accounting of their expenses. The expenses of the arbitration shall be invoiced and paid separately and are not included in the Arbitrator’s Fees under Section 4.

7.       Interim Payments

BIAC may direct that interim payments shall be made from time to time out of funds held on deposit to cover BIAC’s Administrative Fees and the Arbitrator’s Fees and Expenses. Each party shall pay its share of the total advance on costs in cash. However, if a party’s share of the advance on costs is greater than BDT 5,00,000.00 (five lac) only such party may post a bank guarantee for any amount above BDT 5,00,000.00 (five lac) only. BIAC may modify this requirement if circumstances so require it.

8.    Parties Jointly and Severally Liable

  • The parties shall be jointly and severally liable to the arbitration tribunal and BIAC for the costs of the arbitration. BIAC may authorize the payment of advances on costs, or any party’s share thereof, in installments, subject to such conditions as it thinks fit.
  • A party that has already paid in full its share of the advance on costs fixed by BIAC or the arbitration tribunal may pay the unpaid portion of the advance owed by the defaulting party by posting a bank guarantee.

9.     Lien on Award

BIAC and the arbitration tribunal shall have a lien over any awards issued by a tribunal to secure the payment of the costs referred to in Rule 26, and may accordingly refuse to release any such awards to the parties until all such costs have been paid in full.

ANNEX 2

(all amounts are in Bangladesh Taka and can be modified at any time without notice)

1.       Assessment Fee

If a party submits documents for assessment he/she shall pay a Fee of BDT 5,000.00 (five thousand) only.

2.       Registration Fee

  • Along with the Notice of Arbitration, the Claimant shall pay a Registration Fee of BDT 15,000.00 (fifteen thousand) only.
  • Without the Registration Fee, BIAC shall not proceed with the arbitration.
  • The Registration Fee is not refundable.
  • A Registration Fee of BDT 15,000.00 (fifteen thousand) only shall be paid by the Respondent, if filing a counterclaim. This fee shall also be paid at the time of seeking any extension, as required in Rule 13 (4). This Registration fee is not refundable.

3.       Administrative Fee

BIAC’s Administrative Fee shall be charged in accordance with the following table:

ADMINISTRATIVE FEE CHART

Sum in dispute (in Taka) Administrative fee (in Taka)
from 1,00,000 to 10,00,000 10,000
from 10,00,001 to 1,00,00,000 10,000 + 0.2% above 10,00,000
from 1,00,00,001 to 5,00,00,000 28,000 + 0.1% above 1,00,00,000

4.       The Arbitrator’s Fees

Where both parties agree to the application of this Annex to the determination of the Arbitrator’s Fees, the Arbitrator’s Fees shall be charged in accordance with the following table:

Sum in dispute (in Taka) Arbitrator’s Fee (minimum in Taka) Arbitrator’s Fee (maximum in Taka)
up to 10,00,000 50,000 1,00,000
from 10,00,001 to 1,00,00,000 50,000 + 1.5% above 10,00,000 1,00,000 + 3.0% above 10,00,000
from 1,00,00,001 to 5,00,00,000 1,85,000 + 1.0% above 1,00,00,000 3,70,000 + 2.0% above 1,00,00,000

5.

Other Charges

The other provisions contained in Annex I shall apply, mutatis mutandis, to any arbitration conducted under Fast Track Arbitration.