FEES SCHEDULE OF BINH DUONG INTERNATIONAL
ARBITRATION CENTER
In force as from January 1st, 2023
I. Basis for charging arbitration fees
1. In the case of a Request for Arbitration or a counterclaim stating the value of the dispute:
1.1. In case the dispute is resolved by the Arbitration Council consisting of three Arbitrators:
Unit: Vietnamese Dong
| Value of the dispute | Arbitration fee (excluding VAT) |
| 100.000.000 go down | 5.000.000 |
| 100.000.001 to
400.000.000 |
5% of disputed value |
| 400.000.001 to 800.000.000 | 20.00.000 + 4% of the amount exceeding 400.000.000 |
| 800.000.001 to 2.000.000.000 | 36.00.000 + 3% of the amount exceeding 800.000.000 |
| 2.000.000.001 to 4.000.000.000 | 72.500.000 + 2% of the amount exceeding 2.000.000.000 |
| 4.000.000.001 go up | 112.000.000 + 0,1% of the amount exceeding 4.000.000.000 |
1.2. In case the dispute is settled by the Sole Arbitrator, the Arbitration fee shall be 70% of the Arbitration fee mentioned in Section 1.1 for the same value of the dispute.
1.3. The value of the dispute in foreign currency shall be converted into Vietnam Dong at the transfer rate of the Joint Stock Commercial Bank for Foreign Trade of Vietnam (VIETCOMBANK) at the time of filing the Request for Arbitration or Counterclaim.
2. In case the Request for Arbitration or Counterclaim does not state the value of the dispute, the Center Chairman shall decide on the amount of Arbitration fees based on the nature of the dispute, the time to settle the dispute and the number of arbitrators.
3. In case the Request for Arbitration or Counterclaim has both a claim stating the value and another claim not stating the value, the Arbitration fee for the claims stating the value shall be calculated according to Section 1, the Arbitration fee for the request does not state the value calculated under Section 2 above.
4. The Arbitration fees mentioned in Sections 1, 2 and 3 above do not include travel, accommodation and other expenses of the arbitrators to settle the dispute; expenses for assessment, asset valuation, expert advice and other assistance at the request of the Arbitral Council.
5. The provisions of Sections 1, 2, 3 and 4 above also apply to the amendment and supplementation of the Request for Arbitration with an increase in the value of the dispute; the amendment and supplementation of the Counterclaim shall have an increase in the value of the re-suit. In case there is a decrease in the value of the dispute or a decrease in the value of the lawsuit, the Arbitration fee will not be reduced.
II. Refund of arbitration fees
Arbitration fees are refunded in the following cases:
1. In the case of withdrawal of the Request for Arbitration; amending and supplementing the Request for Arbitration; withdraw the Counterclaim; amending and supplementing the Counterclaim:
a) If the Request for Arbitration; amending and supplementing the Request for Arbitration; the Counterclaim; amendments and supplements the Counterclaim is withdrawn before the Arbitral Council is established, 50% of the Arbitration fee shall be refunded by the BIAC.
b) If the Request for Arbitration; amending and supplementing the Request for Arbitration; the Counterclaim; amendments and supplements the Counterclaim is withdrawn after the Arbitral Council is established, 20% of the Arbitration fee shall be refunded by the BIAC.
c) If the Request for Arbitration; amending and supplementing the Request for Arbitration; the Counterclaim; amendments and supplements the Counterclaim is withdrawn after the BIAC sends the Summon to attend the session and before the dispute resolution Session opens, the BIAC refunds 10% of the Arbitration fees.
2. In case the Arbitral Council issues a Decision to stay the settlement of the dispute due to the non-existent arbitration agreement or the invalidity of the arbitration agreement or the unenforceable arbitration agreement, the BIAC will refund 20% of the fee.
3. In case the Arbitral Council issues a Decision to stay the settlement of the dispute when there is a Court’s decision that the dispute is not within the jurisdiction of the Arbitration, the BIAC shall refund 50% of the arbitration fee.
4. In all cases, the remaining Arbitration fee after refund is not less than 5,000,000 VND.