SCHEDULE OF FEES AND COSTS

For arbitrations conducted under the Arbitration Rules of the EIAC, this schedule of fees and costs forms part of and is subject to the Rules, and will apply in all current and future arbitrations as from the date it is posted on this website. All charges set out below are set out in and will be invoiced in Canadian Dollars, but may be paid in other convertible currencies, at rates prevailing at the time of payment. Charges may be subject to Goods and Services Tax depending on the applicable legislation of Canada.

Fixed Fees

Fixed fees shall include the following four components:

1. Non-refundable Registration Fee of $750, payable by each Party in its first submission to the Centre or Tribunal.

2. Non-refundable Appointment Fee  of $500 payable by each Party per appointment of a full Tribunal.

3. Non-refundable Application Fee of $1500 per Arbitrator challenge payable by the Party challenging.

4. A percentage of 0.5 % of the total of the amounts claimed by the Parties, payable in equal halves by the Parties. This fee will only be applied if the total amount calculated as set out above exceeds $50000.

Variable Fees

  1. The Tribunal’s fees plus reasonable expenses, based on the percentage rates of the band of the Arbitrators picked by the Parties, subject to the restrictions in the Rules. The three bands of rates applicable to a dispute shall be the following percentages of the total of the amounts claimed by the Parties: First Band:10%, Second Band: 6%, Third Band: 3%. The Tribunal’s fees shall be invoiced in the currency of account between the Tribunal and the parties.In the event of the withdrawal or replacement of an arbitrator, the Centre shall determine the amount of fees and expenses payable to the former arbitrator for services already rendered.
  2. Fees related to experts appointed by the Tribunal, secretarial assistance for the tribunal, translation fees, charges for hearing rooms and other support services.

Deposits

  1. The Centre may require deposits from the Parties, in such proportions and at such times as it thinks appropriate, for the fees and expenses set out above.  Such deposits  may be applied by the Centre to pay any item of the fees and expenses.
  2. All payments made by Parties on account of the fees set out herein shall be held by the Centre in trust in Canada, to be disbursed or otherwise applied by the Centre in accordance with the Rules and invested having regard also to the interests of the Centre. Each payment made by a Party shall be credited by the Centre with interest at the rate from time to time credited to an overnight deposit of that amount with the bank(s) engaged by the Centre to manage deposits from time to time; and any surplus income (beyond such interest) shall accrue for the sole benefit of the Centre. In the event that payments (with such interest) exceed the total amount of the fees and expenses at the conclusion of the arbitration, the excess amount shall be returned by the Centre to the parties.

Interim payments

  1. When interim payments are required to cover any part of the amounts set out above, such payments may be made against the invoices for any of the above from funds held on deposit.
  2. If no or insufficient funds are held at the time the interim payment is required, the invoices for any of the above may be submitted for payment direct by the Parties.

Fee Note and Disputes

  1. All arbitrator fee invoices shall include a detailed breakdown of time spent at the specified rate and any expenses incurred and sent to the parties before account settlement .
  2. Any dispute regarding the Centre’s administrative charges, or the fees and expenses of the Tribunal shall be determined by the Centre.

Emergency Arbitrator

  1. Non-refundable application fee payable with the application for the appointment of an Emergency Arbitrator under the Rules:  $2000  CDN.
  2. Emergency Arbitrator’s fee, to cover time charges and expenses, payable with the application for the appointment but refundable if the Centre does not appoint an Emergency Arbitrator: $10000 CDN
  3. The Emergency Arbitrator’s fee may be increased by the Centre on the recommendation of the Registrar at any time during the emergency proceedings if the particular circumstances of the case are deemed to warrant a higher fee.
  4. In the event of a challenge by any Party to the Emergency Arbitrator, the Party that applied for the appointment of the Emergency Arbitrator shall pay forthwith to the Centre such further sum as may be directed by the Centre in respect of the fees and expenses of the individual or division appointed to decide the challenge.
  5. If the Centre refuses an application for the appointment of an Emergency Arbitrator, the Emergency Arbitrator’s fee shall be treated as a deposit lodged by that Party on account of the Arbitration Costs in accordance with the Rules and this Schedule of Fees.
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