T A R I F F OF F E E S
of the Court of Arbitration at the Centre for Mediation and Arbitration of Transport Sp. z o.o. (ltd) in Warsaw
- The fees for services provided by the Court of Arbitration at the Centre for Mediation and Arbitration of Transport Sp. z o.o. (ltd) in Warsaw are as follows:
- the arbitration fee,
- the mediation fee,
- the fee for a certified copy of an award or other document,
- the fee for an appointment of a replacement arbitrator,
- the advance for payment of the arbitration expenses,
- the fee for a stenographic record or a transcript from this record.
- The Court shall collect all charges and advances as a gross amount by adding due VAT tax rate.
- If a fee or advance is paid in a foreign currency, the party shall pay an amount in such currency, equivalent to the fee or advance denominated in PLN according to the sell rate of exchange of the Polish currency in relation to other currencies, to be announced by the National Bank of Poland on the day preceding the service with regard to which the fee or advance is collected.
- Due fees and advances for payment of expenses shall be paid into an indicated by the Court bank account that belongs to the Centre for Mediation and Arbitration of Transport Sp. z o.o. (ltd) in Warsaw.
- The Court shall not consider an application, not shall it perform an action if a due amount or advance for payment of expenses is not paid in full within the appropriate time limit.
- A written submission filed by several persons shall be subject to a single fee. If, however, the subject matter of a case involves claims or obligations of one type that are based on the same factual and legal ground (formal joint participation), each joint participant shall pay the fee separately, in accordance with its claim or obligation.
The arbitration fee
- The arbitration fee shall be 3% of the amount in dispute (not less than 10 000 PLN and not more than 80 000 PLN).
- If the party declared lower amount in dispute than it actually is, the Jury can revise this amount. If the actual amount in dispute is unable to asses, the lowest fee shall be collected. In that event the Jury can establish a higher amount in dispute bearing the character, the circumstances of the case and adequate to the amount of labour.
- The arbitration fee shall be paid in full from:
- a lawsuit (also counter-lawsuit),
- a set-off claim,
- an incidental intervention,
- an appeal.
- For the purposes of establishing the arbitration fee each claim in lawsuit or counter-lawsuit against more than one defendant (mutual defendant) is treated as separate lawsuit (counter-lawsuit).
- The fee from a motion to Court to inform the third party about the proceeding shall be 10% of the arbitration fee for a lawsuit, regarding to every single third party mentioned in the motion.
- If the third party decides to take part in the proceeding, he/she shall pay a fee in amount of 30% of the arbitration fee for a lawsuit.
- If, after a motion to set aside an award of the Court has been filed with a common court and the award of the Court has been reversed, the case is about to be examined one more time, the fee in amount of 60% of arbitration fee for a lawsuit shall be paid.
The mediation fee
- The mediation fee constitutes ¼ of the arbitration fee.
- Both parties of the mediation shall pay a half of the mediation fee.
- A settlement of the fees and advances collected by the Court shall be made in accordance with the accounting and bookkeeping principles in effect.
- If the parties, that did not settle in mediation, accepted in writing to examine the case in arbitration, the claimant shall pay an arbitration fee reduced by the amount of the already paid mediation fee. This provision shall apply correspondingly if, in compliance with the arbitration clause, the mediation precedes the arbitration.
- If the Court gives the settlement concluded in mediation proceedings the form of an award, it shall collect 1/3 of the arbitration fee, taking into account (including) the mediation fees paid. The parties shall supplement the due arbitration fee in equal measure.
- The mediation fee shall not be collected if the Court, at the motion of the parties of the arbitration proceeding or with their acceptance, decides to examine the case in mediation proceeding.
- The Court collects a fee of 1 PLN per one page of certified copy of an award or other document from the case files.
- On the party/parties of the proceeding demand, the Court prepares a transcript from the recording of the course of a hearing and collects a fee of 12 PLN per each page of it.
- The Court collects a fee for appointment of a replacement arbitrator in an amount of 100 PLN for each appointment.
Advances for payment
- A party demanding to carry out an action which is connected with expenses shall pay an advance for payment of those actions. If the Court carries out an action ex officio, the Court decides at the same time, which of the parties is obliged to pay an advance for payment.
- The costs of actions carried out during the proceedings are in particular as follows:
- costs of travel and accommodation of arbitrators,
- costs of travel and accommodation and lost earnings or income of a party summoned by the Court to appear in person,
- costs of travel and accommodation and lost earnings or income of witnesses,
- expenses in connection with the service of letters and notices during the proceedings other than by mail,
- remuneration for and reimbursements of costs incurred by expert witnesses and translators/interpreters,
- costs of recording the course of a hearing or a part thereof with the aid of sound registering equipment, as well as the costs of a stenographic record and preparation on that basis of a transcript if the same was prepared on the application of a party/parties;
- costs of taking other evidence in the case.
- The parties to the proceedings shall incur no expenses in connection with the following:
- operation of Administration of the Court,
- delivery by mail of letters and written notices during the proceedings,
- use by the Court of electronic means of communication or other remote means of communication,
- communication between arbitrators,
- reimbursement (refund) of fees and advances collected.
Refund of a fee
The Court shall refund half of the arbitration fee if:
- the party withdrew its lawsuit prior to the appointment of the Chairman of the Jury,
- the lawsuit was acknowledged in whole prior to the appointment of the Chairman of the Jury,
- the parties concluded a settlement prior to the first hearing, at the latest,
- the Jury declares that the Court lacks jurisdiction, if the plea of the lack of jurisdiction was raised before the Court proceeded to examine the case on its merits, however, before the first hearing, at the latest.
Transitional and final provisions
This Tariff of Charges shall become effective as of 1st October 2013.