Article 1 These Measures are formulated for the purpose of regulating the collection
of arbitration fees by the arbitration commissions.
Article 2 When a party applies for arbitration, he shall pay arbitration fees to the
arbitration commission in accordance with the provisions of these Measures.
Arbitration fees shall include fees for accepting a case and for processing a case.
Article 3 The fees for accepting a case shall be used to pay the arbitrators and
maintain the necessary expenditures for normal operation of the arbitration
commission
Article 4 The applicant shall, within 15 days of receiving the acceptance notification
from the arbitration commission, pay in advance the fees for accepting the case in
accordance with the provisions of the Table of Fees for Accepting Arbitration Cases.
The respondent shall, while in the process of raising a counter-claim, pay in advance
the fees for accepting the case in accordance with the provisions of the Table of Fees
for Accepting Arbitration Cases.
A detailed fee standard for accepting cases shall be determined by the arbitration
commission within the extent described in the Table of Fees for Accepting Arbitration
Cases, and reported to the price administration department of the people's
governments of the province, autonomous region or municipality directly under the
central government where the arbitration commission is located for examination and
approval.
Article 5 The dispute amount mentioned in the Table of Fees for Accepting
Arbitration Cases shall be the amount applied for by the applicant: if the amount
applied for is inconsistent with the factual dispute amount, the factual dispute amount
shall be used.
If the dispute amount has not yet been determined when an arbitration is requested,
the arbitration commission shall, on the basis of the specific rights and interests
involved in the dispute, determine the fee to be paid in advance for accepting the case.
Article 6 If a party has difficulties in paying the fee for accepting the case, the party
may apply for delay of payment, which may be granted with the approval of the
arbitration commission.
If a party neither pays the fee for accepting the case within the period set forth in
Paragraph I of Article 4, nor applies for a delay of payment, it shall be deemed that
the application for arbitration is withdrawn.
Article 7 The fees for processing the case shall include:
1. the living, transportation, and other reasonable expenses required for the arbitrators
business trip or hearing for processing of the arbitration case;
2. the living and transportation expenses and compensation for witnesses, identifiers.
translators, and other persons whose presence is necessary in the hearing;
3. fees for consultation, appraisal, examination, and translation;
4. expenses for duplication or service of the materials or documents involved in the
case; and
5. other reasonable expenses that should be borne by the parties.
The fees for processing the case described in Items (2) and (3) of this Article shall be
paid in advance by the party who raises the application.
Article 8 The fee standards for processing cases shall be carried out according to the
relevant state provisions; in the absence of state provisions, fees shall be charged
according to actual reasonable expenditures.
Article 9 The arbitration expenses shall, in principle, be borne by the losing party: if
a party partially wins and partially loses the case, the arbitration tribunal shall
determine the proportion of arbitration fees to be borne by each party according to the
degree of liability of each party. If the parties become reconciled or the case is settled
through conciliation by the arbitration tribunal, the parties may make an agreement of
the proportion of the arbitration expenses to be borne by each party.
The arbitration tribunal shall state clearly in the conciliation statement or award the
final amount of arbitration expenses to be paid by each party.
Article 10 No fees shall be charged by the arbitration commission when the
arbitration tribunal agrees to conduct rearbitration under Article 61 of the Arbitration
Law.
No fees shall be charged by the arbitration tribunal for any legal correction of literal
or computational errors, or of addition of items that were adjudicated but failed to be
included in the award.
Article II If an applicant has been notified in writing to appear in the hearings but
fails to do so without justified reason, or if the applicant exits the hearings midway
without permission of the arbitration, tribunal, it shall be deemed that the application
for arbitration has been withdrawn, and the fees either for accepting the case or for
processing the case shall not be returned.
Article 12 If the applicant withdraws the application or the parties reach a
reconciliation on their own initiative after the arbitration commission accepts an
application but before the formation of the arbitration tribunal, the fees for accepting
the case shall be returned upon withdrawl of the arbitration application.
If the applicant withdraws the arbitration application or the parties reach a
reconciliation on their own initiative following the formation of the arbitration
tribunal, a portion of the fees for accepting the case shall be returned on the basis of
the factual situation upon withdrawal of the arbitration application.
Article 13 The provisions of Articles 5 and 12 are applicable to cases where the
respondent raises a counter-claim.
Article 14 When the arbitration commission collects the fee for accepting a case, it
shall use the standardized fee receipt documents printed by the financial department
of the people's government of province, autonomous region or municipality directly
under the central government where the arbitration commission is located. The
arbitration commission shall establish and perfect a financial accounting system
according to relevant state provisions in order to strengthen financial management and
income/expenditure management and be subject to the supervision of financial, audit.
taxation, and price departments.
Article 15 These Measures shall become effective on September 1, 1995
Appendix: The Table of Fees for Accepting Arbitration Cases
Dispute Amount (RMB) Accptance Fee (RMB)
1000 yuan or less 40—100 yuan
from 1001 to 50000 yuan 4%--5%
from 50001 to 100000 yuan 3%--4%
from 100001 to 200000 yuan 2%--3%
from 200001 to 500000 yuan 1%--2%
from 500001 to 1000000 yuan 0.5%-1%
1000001 vuanormore 0.25%--0.5%
