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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/22 11:55
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Chapter Law Content

Chapter 4 Arbitration Costs
Article 25
For an arbitration application concerning matters arising from proprietary rights, in addition to a payment of NTD 600 for obtaining the relevant form and material at the time of application, an arbitration fee which equals to the cumulative sum calculated pursuant to a claim’s monetary value and the following scales shall be paid:
(1) NTD 3,000 on the first NTD60,000;
(2) 4 % on the portion over NTD60,000 and up to NTD600,000;
(3) 3 % on the portion over NTD600,000 and up to NTD1,200,000;
(4) 2% on the portion over NTD1,200,000 and up to NTD2,400,000;
(5) 1.5% on the portion over NTD2,400,000 and up to NTD4,800,000;
(6) 1% on the portion over NTD4,800,000 and up to NTD9,600,000; and
(7) 0.5% on the portion over NTD9,600,000.
If a claim’s value is expressed in foreign currency, the monetary value shall be calculated in accordance with the foreign exchange rate in the market on the date of application.
If a claim’s value is expressed in units of gold or silver, the monetary value shall be calculated in accordance with the respective market value on the date of application.
In case an applicant fails to pay the arbitration fee under the first paragraph, the arbitration institution shall order the applicant to make correction within a specified time period; failing which, the arbitration institution may dismiss the application.
Article 26
For an arbitration application concerning matters arising from non-proprietary rights, an arbitration fee of NTD9,000 shall be paid.
For an arbitration application concerning matters arising from non-proprietary rights, but including a proprietary claim, the arbitration fee shall be calculated separately.
Article 27
The monetary value of an arbitration claim shall be determined by the arbitration tribunal.
Articles 4 to 7 of the Taiwan Code of Civil Procedure’s Costs shall apply mutatis mutandis in calculation of an arbitration claims’ monetary value.
An arbitration claim’s monetary value shall be deemed NTD60,000 if it cannot be determined.
Article 28
A part of arbitration fee received by an arbitration institution for an arbitration case shall be paid to any arbitrator presiding the arbitration case pursuant to the percentage and the claim’s monetary value as follows, and the remainder shall be kept by the arbitration institution:
(1) 60% of the arbitration fee for a claim’s value up to NTD20,000,000;
(2) 50% on the portion over NTD20,000,000 for a claim’s value over NTD20,000,000 and up to NTD300,000,000; and
(3) 40% on the portion over NTD300,000,000 for a claim’s value over NTD300,000,000.
If an arbitrator fails to participate in consideration of arbitration case or refuses to sign on the arbitration award, the party may apply for reduction of the arbitration fee paid to the arbitrator under the preceding paragraph within 2 months of receipt of arbitration award.
The arbitration fee allocated to an arbitration institution shall not be distributed as earnings or otherwise used in other profit seeking activities.
Article 29
Expenses incurred for transcription, translation, postages and telegrams, transportation, publication on newspaper and otherwise necessary for arbitration shall be charged on a reimbursement basis.
Article 30
The attendance fee for a witness will be NTD600 to NTD1,200 each time; for an expert witness or a translator will be NTD900 to NTD1800 each time; all will be determined by the arbitration tribunal.
Article 31
In addition to the attendance fee, an overstay fee of NTD900 to NTD1,800 will be paid to the witness, expert witness or translator who stays 1 day or more as required for questioning or translation; the sum will be determined by the arbitration tribunal.
Article 32
An arbitrator’s transportation and food/accommodation costs incurred as a result of field investigation as well as the witness, expert witness and translator’s transportation and food/accommodation costs shall be calculated in accordance with each arbitration institution’s standard.
Article 33
An expert witness’ assessment fee shall be determined by the arbitration tribunal depending on the complexity of the matters.
Article 34
Sharing of arbitration, settlement or mediation costs shall be provided in the decision set out in an arbitration award or the settlement or mediation agreement.
In case the costs are omitted from the arbitration award, settlement or mediation agreement referred to in the preceding paragraph, the parties may apply for determination by the original arbitration tribunal.
Article 35
The party which withdraws an arbitration application shall bear the arbitration costs.
The party which withdraws an arbitration application after selection of the arbitrator(s), but before the arbitration proceedings begin, may apply for the return of one-half of the amount which would have been paid to the arbitrator(s) in accordance with Article 28. If the withdrawal is made prior to selection of the arbitrator(s), the party may apply for return of the full amount which would have been paid to the arbitrator(s).
Article 36
Arbitration fees set out in Articles 25 and 26 shall be prepaid by the applicant to the arbitration institution upon application.
Article 37
The expenses set out in Articles 29 to 33 may be prepaid by the parties upon the arbitration institution’s notice.
Article 38
The relevant provisions of this Regulation may apply mutatis mutandis to the arbitration fee and expense for arbitration proceedings not administered by an arbitration institution.
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