The arbitral fee shall be charged as follows:
|Up to an amount in dispute of EUR 10.000
|Above an amount in dispute of EUR 10.000
|EUR 10% of the amount in dispute
If dealing with the matter in dispute requires particular expenditure of time and effort and especially if it involves extensive taking of evidence, the Court of Arbitration may double the arbitral fee.
If the parties have agreed on a decision by a sole arbitrator, the arbitral fee shall be reduced by one-third. If the Court of Arbitration comprises three arbitrators, the chairperson is entitled to 30% of the arbitral fee plus turnover tax, and the other arbitrators are entitled to 20% of the arbitral fee plus turnover tax each.
If the Court of Arbitration consists of a sole arbitrator only, she/he is entitled to 50% of the arbitral fee plus turnover tax. The European Chamber of Digital Commerce is entitled to the remaining arbitral fee. The arbitrators are remunerated after termination of the proceedings.
If the proceedings consist of more than one oral hearing, the arbitrators are entitled to 60% of their share of the arbitral fee plus turnover tax after the first hearing. In addition to the arbitral fee, the European Chamber of Digital Commerce shall charge a flat-rate amounting to 20% of the arbitral fee for its costs in the administration of the arbitral proceedings.
If the proceedings require particular administrative efforts, the Court of Arbitration may increase this flat-rate for administrative costs by a reasonable amount. Statutory value added tax shall be charged in addition. The parties jointly and severally shall be liable to the European Chamber of Digital Commerce for the arbitral fee and for the administrative costs plus value added tax, irrespective of any claim for reimbursement by one party against the other.
Fees in the event of withdrawal of claim or premature termination
If the claim is withdrawn, the Court of Arbitration may reduce the arbitral fee. If the claim is withdrawn before a response to the statement of claim is filed, the arbitral fee shall be reduced to one-quarter. In any other case of premature termination of the proceedings, the Court of Arbitration may at its equitable discretion reduce the arbitral fee, taking into account the stage reached by the proceedings.
Decision on costs
Unless otherwise agreed by the parties, the Court of Arbitration shall in its arbitral award decide which part of the costs of the arbitral proceedings, including the costs incurred by the parties for the reasonable pursuit of their rights, shall be borne by each of the parties. The Court of Arbitration shall in this regard exercise its discretion, taking into account the special circumstances of the case, in particular the outcome of the proceedings. Where the costs of the arbitral proceedings have been determined, the Court of Arbitration shall also decide the amount to be borne by each party. If costs have not been assessed, or if this is not possible until after termination of the arbitral proceedings, a decision on this matter shall be made in a separate arbitral award.