Economic obligations

ECONOMIC OBLIGATIONS OF ARBITRATION

The financial obligations of arbitration are regulated in Articles 30-32 of the TAB Regulations.

   ARTICLE 30.- ECONOMIC OBLIGATIONS

1.- The presentation of the Request for Arbitration will be subject to a registration fee. Subsequently, once the TAB has accepted the carrying out of the arbitration, the parties shall deposit the necessary sum to meet the foreseeable expenses and fees of the arbitration, without which the arbitration proceedings will not commence. The failure to make this payment within three months from the date on which it is requested by the TAB shall result in the expiration of the case.

2.- The registration fee, the arbitrator’s fees and the TAB administration costs will be defined and published, and shall be reviewed periodically in accordance with circumstances. If a counterclaim is filed, this shall result in a subsequent application of the tariff.

3.- However, either party may effect any payment not made by the party to whom it corresponds, with recognition of the right to be repaid this sum, which will be established, as applicable, in the award. Nevertheless, in the case of alterations of claims and counterclaims, the party which requests such alteration shall pay the retainer in its totality, without prejudice to the repayment which may be agreed in the award.

4.- The fee which comprises the TAB administration costs and the fees of a sole arbitrator shall be doubled if there are three arbitrators. The fee does not cover expenses arising from acts of communication, notarial registration of the award, evidence, actions of legal support, or any other that is necessary and justified.

5.- Payment of the fee will be shared between both parties, in accordance with the provisions of the preceding articles. Nevertheless, independently of the fee, the applicant seeking the intervention of the TAB shall pay a fee to cover the expenses of opening and registering the dossier.

6.- In case of doubt with respect to the amount of the case and when this is not determined, the fee will be set by the TAB by means of a reasoned decision considering all the information resulting from the documents which may have been filed or which may be otherwise requested, the complexity of the case, the work and time which may entail, the number of arbitrators and the special qualification of the arbitrators which may have been requested by the parties.

   ARTICLE 31.- ABSENCE OF PAYMENT

If applicable, the award shall contain an express condemnation against the party which may have failed to pay the costs of arbitration, in favour of the party which may have advanced them or in favour of the arbitral institution (the Associació Catalana per a l’Arbitratge - TAB) if its invoice would have been timely produced to the arbitrator. The arbitrator shall give a copy of this invoice to the parties.

   ARTICLE 32.- MODIFICATIONS IN THE AMOUNT OF THE MATTER FOR THE PURPOSES OF CALCULATING THE FEE

1.- If the claimant, in its first written submissions, intends to modify its interest of the amount of the claim stated in its Request for Arbitration it shall have the obligation to file, together with such written submissions, appropriate evidence of having paid to the TAB the amount which may be needed to cover the foreseeable costs and fees of the arbitration according to such modification and taking into consideration any amount already paid. If evidence of the payment is not given at said time, the arbitrator may refuse to deal with and to resolve such additional interests, and may exclude them from the object of the proceedings. The arbitrator, in these cases, may also suspend or terminate the arbitration proceedings.

2.- Should the respondent file a counterclaim, it shall have the obligation to file, together with its first written submissions, appropriate evidence of having paid to the TAB the amount which may be needed to cover the foreseeable costs and fees of the counterclaim. If evidence of this payment is not given at this time, the arbitrator shall not consider the counterclaim.