If both parties agree to settle their dispute by arbitration and not through the centre, Secretary General of the centre may, at the written request of the parties, provide or arrange for the necessary facilities and assistance for executing procedures of arbitration requested by the parties.
Such facilities and necessary assistance may include securing a place for meetings of the arbitral tribunal, secretarial assistance, translation and keeping documents and papers of arbitration (Article 22 of the regulation).
The centre shall charge a fee of BD 100 for each request addressed to it to appoint an arbitrator for arbitration that is not subject to the procedures of the centre.
The Centre will not consider any application for the appointment of an arbitrator unless this amount is paid, which is non refundable.
The centre shall collect a fee of BD 50 in return of providing any party with lists of arbitrators and experts accredited by the centre.
The centre shall collect a fee of BD 50 as expenses for using places specified for meetings inside the centre (without providing the secretarial services) for half a day either from 8 a.m. to 12 p.m. or from 15.30 p.m. to 19.30 p.m.
The secretary general is entitled to determine the expenses and costs of secretarial services, translation and the alike according to the case taking into account the nature of every case, the range of secretarial services, translation and other matters.
Article 4 :
“Arbitration Expenses” mentioned in this schedule refers to the fees of the centre, administrative fees, arbitrators’ fees, costs of the transport and residence of arbitrators and witnesses and the fees of the experts and translators and any other expenses.
The Secretary General determines the administrative fees and estimates the other arbitration expenses on a temporary basis and then determines the amount of the advance to be paid by the parties of the dispute before initiating the arbitration procedures (Article 23, clause (A) of the regulation and article 41, clause (1) of the regulation).
The secretary general requests the parties of the dispute to pay the determined advance equally between them. If any of the parties did not pay its share of the advance within the determined period, the secretary general notifies the other party to pay the advance and in case it does not pay, the secretary general will be entitled to stop or end the arbitration procedures (Article 23, clause (B) of the regulation and article 41, clause (2) of the regulation).
The Secretary General is entitled at any time during the course of the arbitration procedures to request the parties of the dispute to deposit complementary amounts on the account of the arbitration expenses assessed on a temporary basis according to (Article 23, clause (A) of the regulation and article 41, clause (1) of the regulation). The principle of payment equally among the parties of the dispute is to be adopted for all the amounts determined by the Secretary General and in case any party refuses to pay, the Secretary-General shall inform the other parties to pay the share of that party and in case they do not pay, the Secretary General or the tribune may stop or terminate the arbitration proceedings.
Amounts determined by the Secretary General should be deposited within 30 days from receiving assignment of payment (Article 23, clause (B) of the regulation and article 41, clause (2) of the regulation).
The corresponding requests shall be treated like the original request and the fees shall be collected in accordance with the two tables showing the administrative charges and the fees of the arbitrators. The Secretary General determines the additional advance paid by the party that has submitted these requests without prejudice to the principle of paying these advances equally.
In case the amount of the dispute is not specified, the Secretary General of the centre determines the administrative charges and the fees of the arbitrators in the light of the size of the case on the condition that the administrative charges will not exceed the maximum limit provided in the table of the administration charges.
All amounts paid on the account of the expenses of the arbitration shall be deposited in the closet of the centre according to the financial regulations of the centre and remain there until the final resolution of the arbitrators (the award).
The arbitral tribune shall specify the party that will bear the expenses and fees wholly or partially.
After the issuance of the arbitration award, the Secretary General shall prepare a statement of deposits and expenses related to the dispute and submit it to the parties for final settlement and refunding the excess of the amounts deposited or collection of the remaining expenses in accordance with the provisions of the regulation procedures (Article 23, clause (C) of the regulations).
In case the parties settle the dispute amicably after the submission of the request for arbitration and before the start of the arbitration proceedings, the centre shall receive administrative fees in return of the services offered to the parties. Such fees will not exceed 1% of the value of the dispute and are to be determined by a resolution of the Secretary General.
If the parties request the arbitral tribunal to suspend and terminate arbitration proceedings, or affirm a compromise or settlement agreed upon by the two parties and the tribunal issued a final ruling in this regard, or if arbitration is terminated for any other reason prior to the issuance of a final award, the Secretary General shall at his discretion determine the percentage of the prescribed fees payable to the arbitral tribunal based on the stage that the arbitration process has reached, and, in this, he may be guided by an estimation by the chairman of the arbitral tribunal.
Article 5 :
This Regulation shall enter into force from the date of ratification by the Board of Directors of G.C.C. Commercial Arbitration Centre.