Mediation Costs

Mediation Costs

29/10/2014 17:45

SCHEDULE OF MEDIATION COSTS OF THE VIETNAM MEDIATION CENTRE (VMC)

A DIVISION OF THE VIETNAM INTERNATIONAL ARBITRATION CENTRE (VIAC)

(Under the Decision No. 341/VIAC by the VIAC President)

 

I.    Basis of calculation and payment

1. The Registration fee is of 130 USD.

2. Mediation costs (the registration fee excluded) are calculated based on the value in dispute, which is total of all the monetary-valued claims submitted by all parties.

2.1 For disputes resolved by a Sole Mediator who is Vietnamese.

Unit: USD

Value in dispute

Mediation Costs  (the Registration fee excluded)

Up to 4,348

261

From 4,348 to 43,478

261 + 2.0% of the amount over 4,348

From 43,478 to 217,391

1,239 + 1.4% of the amount over 43,478

From 217,391 to 434,783

3,674 + 0.9% of the amount over 217,391

From 434,783 to 2,173,913

5,630 + 0.5% of the amount over 434,783

From 2,173,913 - 4,347,826

14,326 + 0.3% of the amount over 2,173,913

Over 4,347,826

20,848 + 0.15% of the amount over 4,347,826

2.2 In circumstances of:

(i) Disputes resolved by more than 01 mediator;

(ii) Disputes resolved by mediators who are not Vietnamese citizens;

(iii) The parties do not specify the value of the dispute; or

(iv) There is an increase or decrease of the value of the dispute made by parties during the mediation process.

The mediation costs shall be fixed by the VMC Director in consideration of the following matters:

- The number of the mediators conducting the mediation process;

- The value of the dispute;

- Complexity of the dispute; and

- Estimated time for dispute settlement.

3. Value in dispute in foreign currency shall be converted into Vietnamese Dong at the transfer exchange rate announced by Vietcombank at the time of submission of the Request for Mediation.

4. Unless parties agreed otherwise, the fee and costs mentioned in paragraphs 2.1 and 2.2 shall be equally allocated between/among the parties.

5. The mediation costs includes VAT.

II. The refunding                                          
The mediation costs (the registration fee excluded) shall be refundable in the following circumstances:

1. Where the party receiving a Request for Mediation refuses to mediate; or fails to send the Statement of Reply to the Centre within the period of time pursuant to Article 13.1(d) of the VMC Mediation Rules, the mediation costs (the registration fee excluded) that the requesting party has paid to the Centre shall be refundable in full.

2. Where one or all parties declare that they wish to terminate the ongoing mediation process pursuant to Article 13.1(c) of the VMC Mediation Rules after the appointed mediator has accepted the appointment, 80% of the mediation costs (the registration fee excluded) shall be refundable;

3. Where one or all parties declare that they wish to terminate the ongoing mediation process pursuant to Article 13.1(c) of the VMC Mediation Rules after being informed by the Centre about the date of the first mediation session but prior to the date this first mediation session takes place, 60% of the mediation costs (the registration fee excluded) shall be refundable;  

4. Where the mediation process is terminated pursuant to Article 13.1(b) of the VMC Mediation Rules, the Centre shall decide on, respectively, the refundable amount in compliance with the circumstances stated in section II.2 and section II.3 above.

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