FAI ExpArb FAI Expedited Arbitration Rules 2024
FAI ExpArb
FAI Expedited Arbitration Rules 2024
(All amounts in this Appendix are in euros, hereinafter ”EUR”)
1. FILING FEE
1.1 A Filing Fee of EUR 3,000 must be paid upon filing a Request for Arbitration pursuant to Article 6 of the Expedited Rules, any counterclaim or set-off claim pursuant to Article 8 of the Expedited Rules, any Request for Joinder pursuant to Article 11 of the Expedited Rules, and any claim made pursuant to Article 15.2(d) of the Expedited Rules.
1.2 The Filing Fee is non-refundable and constitutes a part of the Administrative Fee referred to in Article 3 below. The Filing Fee shall be credited to the respective party’s share of the advance on costs referred to in Article 2 below. If the Board dismisses a Request for Joinder made under Article 11 of the Expedited Rules, the Filing Fee paid upon filing the Request for Joinder shall not be credited as a part of the Administrative Fee nor shall it be taken into account in the advance on costs.
1.3 The payment of the Filing Fee shall be made by transfer to the bank account of the Finland Chamber of Commerce.
2. ADVANCE ON COSTS FIXED BY THE INSTITUTE
2.1 The advance on costs fixed by the Institute is intended to cover the fees and expenses referred to in Article 47.2(a)–(d).
2.2 In fixing the advance on costs, the Institute shall take into consideration Tables A and B below. The amount in dispute referred to in the Tables shall be determined in accordance with the following:
(a) The amount in dispute is calculated as the aggregate value of all claims. If secondary or alternative claims have been made in respect to a certain claim, the value of the highest monetary claim shall be taken into account in determining the amount in dispute.
(b) Interest claims shall not be taken into account for the calculation of the amount in dispute. However, when the interest claims exceed the amount claimed as principal, the interest claims alone, instead of the principal amount, shall be taken into account for the calculation of the amount in dispute.
(c) Amounts in currencies other than euro shall be converted into euros at the rate of exchange applicable at the time the Request for Arbitration is filed with the Institute or at the time any new claim, counterclaim, set-off claim or amendment to a claim is filed.
(d) Where the amount in dispute cannot be ascertained, the Institute shall determine the amount in dispute taking into account all relevant circumstances. The Institute may also determine the amount in dispute in other exceptional circumstances.
2.3 Subject to Articles 2.4 and 2.5 below, each party shall pay half of the advance on costs within the time limit set by the Institute.
2.4 Where counterclaims or set-off claims are raised by the respondent, the Institute may fix separate advances on costs for the claims, counterclaims and set-off claims and order each of the parties to pay the advance on costs corresponding to its claims.
2.5 Where claims are made under Articles 11 and 12 of the Expedited Rules, the Institute shall fix one or more advances on costs that shall be payable by the parties as decided by the Institute. Where the Institute has previously fixed any advance on costs, any such advance shall be replaced by the advance(s) fixed pursuant to this Article 2.5, and the amount of any advance previously paid by any party will be considered as a partial payment by such party of its share of the advance(s) on costs as fixed by the Institute pursuant to this Article 2.5.
2.6 The Institute may adjust the advance on costs, and order any party to pay further advances on costs, at any time during the proceedings to take into account fluctuations in the amount in dispute, changes in the amount of the estimated expenses of the sole arbitrator, the evolving complexity of the arbitration, or other relevant circumstances. The sole arbitrator shall promptly inform the Institute of any changes that may affect the amount of the advance on costs.
2.7 If a party fails to pay its share of the advance on costs, the Institute shall give the other party an opportunity to pay the unpaid share on behalf of the defaulting party within the time limit set by the Institute. If the other party makes such payment, the sole arbitrator may, at the request of that party, issue a separate award for reimbursement of the payment in accordance with Article 43(a) of the Expedited Rules. In the event that any part of the advance on costs remains unpaid, the Institute may terminate the proceedings, treat the claim for which the advance on costs has remained unpaid as withdrawn or, once the case file has been transmitted to the sole arbitrator, the Institute may direct the sole arbitrator to order the termination of the arbitration or to treat the claim for which the advance on costs has remained unpaid as having been withdrawn.
2.8 Subject to Articles 2.9 and 2.10 below, each party shall pay its share of the advance on costs in cash. The payment shall be made by transfer to the bank account of the Finland Chamber of Commerce.
2.9 If a party’s share of the advance on costs is greater than EUR 250,000, such party may post a bank guarantee for any amount above this sum.
2.10 A party that has already paid in full its share of the advance on costs may pay the unpaid share owed by the defaulting party by posting a bank guarantee.
2.11 The Institute shall establish the terms of the bank guarantees referred to in Articles 2.9 and 2.10.
2.12 The amounts paid as advances on costs do not yield interest for the parties or the sole arbitrator.
3. ADMINISTRATIVE FEE AND EXPENSES OF THE INSTITUTE
3.1 The Institute shall determine the Administrative Fee referred to in Article 47.2(d) of the Expedited Rules in accordance with Table A below. The amount in dispute referred to in Table A shall be determined in accordance with Article 2.2 of this Appendix.
3.2 In exceptional circumstances, the Institute may deviate from the fee amounts set out in Table A or require payment of administrative expenses in addition to the Administrative Fee provided in Table A.
3.3 The payment of the Administrative Fee shall be made by transfer to the bank account of the Finland Chamber of Commerce.
4. FEE AND EXPENSES OF THE SOLE ARBITRATOR
4.1 The sole arbitrator’s fee shall be determined exclusively by the Institute. Separate fee arrangements between the parties and the sole arbitrator are contrary to the Expedited Rules.
4.2 The Institute shall determine the fee of a sole arbitrator in accordance with Table B below. The amount in dispute referred to in Table B shall be determined in accordance with Article 2.2 of this Appendix. In exceptional circumstances, the Institute may deviate from the fee amounts stated in Table B.
4.3 When fixing the sole arbitrator’s fee, in addition to the monetary value of the dispute, the Institute shall consider the complexity of the dispute, whether a hearing has been arranged or not, whether the award is reasoned or not, the time spent on the case, and the diligence and efficiency of the arbitrator.
4.4 Pursuant to Article 47.2(b)–(c) of the Expedited Rules, the sole arbitrator shall receive reimbursement for its reasonable travel, accommodation and other expenses, as well as for costs of expert advice and of other assistance required in connection with the arbitration. The Institute shall determine the reasonableness of such expenses and decide to which extent they will be reimbursed.
5. OTHER PROVISIONS
5.1 If an arbitration is terminated before the rendering of a final award, the Institute shall determine the fee and expenses of the sole arbitrator and the Administrative Fee and expenses of the Institute at its discretion, taking into account the stage of the proceedings at which the arbitration was terminated, the amount of work done by the sole arbitrator and the Institute, and other relevant circumstances.
5.2 Where an arbitrator is replaced pursuant to Article 23 of the Expedited Rules, the Institute shall determine the fee and expenses due to the arbitrator who has been replaced, taking into account the amount of work done, the reason for the replacement, and other relevant circumstances.
5.3 In case of a request for the correction or interpretation of an award under Article 45 of the Expedited Rules, or for the making of an additional award under Article 46, the Institute shall decide whether any costs referred to in Article 47.2(a)–(d) will be charged to the parties. The Institute may fix a supplementary advance on costs, to be paid by the parties, to cover any additional fee and expenses of the sole arbitrator and any additional administrative expenses of the Institute.
5.4 The provisions of Article 5.3 above also apply if a competent judicial authority seised with an action to set aside an arbitral award has remitted the award to a sole arbitrator to eliminate the ground for setting it aside.
5.5 The Institute may set a fee payable for the appointment of an arbitrator or arbitrators to arbitrations not subject to the Expedited Rules or the Arbitration Rules. The fee is non- refundable.
5.6 A party making or receiving any payments concerning the costs of the arbitration shall be liable for all bank charges and other fees incurred in connection with these payments.
5.7 The Institute may issue guidelines to supplement the provisions of this Appendix with regard to the payment of the arbitrator’s fee and expenses as well as the Administrative Fee and expenses of the Institute.
5.8 This Appendix shall not apply to the appointment of an Emergency Arbitrator pursuant to Article 37.5 and Appendix III of the Expedited Rules.
ADMINISTRATIVE FEE
| Amount in dispute (EUR) | Administrative Fee (EUR) |
|---|---|
| 0 – 200,000 | 3,000 + 1.74% of amount over 25,000 with a maximum Administrative Fee of 6,000 |
| 200,001 – 500,000 | 6,000 + 2.17% of amount over 200,000 with a maximum Administrative Fee of 12,500 |
| 500,001 – 1,000,000 | 12,500 + 1.30% of amount over 500,000 with a maximum Administrative Fee of 19,000 |
| 1,000,001 – 2,000,000 | 19,000 + 0.50% of amount over 1,000,000 with a maximum Administrative Fee of 24,000 |
| 2,000,001 – 5,000,000 | 24,000 + 0.20% of amount over 2,000,000 with a maximum Administrative Fee of 30,000 |
| 5,000,001 – 10,000,000 | 30,000 + 0.16% of amount over 5,000,000 with a maximum Administrative Fee of 38,000 |
| 10,000,001 – 30,000,000 | 38,000 + 0.04% of amount over 10,000,000 with a maximum Administrative Fee of 45,000 |
| 30,000,001 – 50,000,000 | 45,000 + 0.04% of amount over 30,000,000 with a maximum Administrative Fee of 52,000 |
| 50,000,001 – 75,000,000 | 52,000 + 0.03% of amount over 50,000,000 with a maximum Administrative Fee of 58,000 |
| 75,000,001 – 100,000,000 | 58,000 + 0.02% of amount over 75,000,000 with a maximum Administrative Fee of 63,000 |
| Over 100,000,000 | 63,000 + 0.01% of amount over 100,000,000 with a maximum Administrative Fee of 70,000 |
The Administrative Fee is not subject to VAT.
ARBITRATOR’S FEE
| Amount in dispute (EUR) | Minimum Fee (EUR) | Maximum Fee (EUR) |
|---|---|---|
| 0 – 200,000 | 6,000 | 25,000 |
| 200,001 – 500,000 | 10,000 + 2.00% of amount over 200,000 | 25,000 + 5.00% of amount over 200,000 |
| 500,001 – 1,000,000 | 16,000 + 1.80% of amount over 500,000 | 40,000 + 3.00% of amount over 500,000 |
| 1,000,001 – 2,000,000 | 25,000 + 0.50% of amount over 1,000,000 | 55,000 + 2.90% of amount over 1,000,000 |
| 2,000,001 – 5,000,000 | 30,000 + 0.33% of amount over 2,000,000 | 84,000 + 1.60% of amount over 2,000,000 |
| 5,000,001 – 10,000,000 | 40,000 + 0.30% of amount over 5,000,000 | 132,000 + 0.60% of amount over 5,000,000 |
| 10,000,001 – 30,000,000 | 55,000 + 0.05% of amount over 10,000,000 | 162,000 + 0.22% of amount over 10,000,000 |
| 30,000,001 – 50,000,000 | 65,000 + 0.05% of amount over 30,000,000 | 205,000 + 0.23% of amount over 30,000,000 |
| 50,000,001 – 75,000,000 | 75,000 + 0.06% of amount over 50,000,000 | 250,000 + 0.16% of amount over 50,000,000 |
| 75,000,001 – 100,000,000 | 90,000 + 0.04% of amount over 75,000,000 | 290,000 + 0.04% of amount over 75,000,000 |
| Over 100,000,000 | To be determined by the Board | To be determined by the Board |
The fee amounts mentioned in the table do not include VAT to be added to the fee of an arbitrator.
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