SCHEDULE OF ARBITRATION FEE OF THE VIETNAM TRADE AND INVESTMENT ARBITRATION CENTRE (VTIAC)
(Attached to Resolution No. 02/2024/VTIAC-NQ dated June 26, 2024, issued by the General Meeting of Arbitrators)
1.1. In case the Statement of Claim or Counterclaim specifies the value of the dispute:
1.1.1. In case the dispute is resolved by an Arbitral Tribunal composed of one Arbitrator, the arbitration fee is as follows:
Dispute Value | Arbitration Fee (Excluding VAT) |
Up to 100.000.000 VND | 5.000.000 VND |
Over 100.000.000 VND to 1.000.000.000 VND | 25.000.000 VND |
Over 1.000.000.000 VND to 2.000.000.000 VND | 50.000.000 VND |
Over 2.000.000.000 VND to 3.000.000.000 VND | 75.000.000 VND |
Over 3.000.000.000 VND to 4.000.000.000 VND | 100.000.000 VND |
Over 4.000.000.000 VND to 5.000.000.000 VND | 125.000.000 VND |
Over 5.000.000.000 VND to 6.000.000.000 VND | 150.000.000 VND |
Over 6.000.000.000 VND to 7.000.000.000 VND | 175.000.000 VND |
Over 7.000.000.000 VND to 8.000.000.000 VND | 200.000.000 VND |
Over 8.000.000.000 VND to 9.000.000.000 VND | 225.000.000 VND |
Over 9.000.000.000 VND to 10.000.000.000 VND | 250.000.000 VND |
Over 10.000.000.000 VND | 250.000.000 VND + 0.3% of the amount over 10.000.000.000 VND |
1.1.2. If the dispute is resolved by an Arbitral Tribunal composed of three Arbitrators, the arbitration fee shall be 200% of the fee specified in Clause 1.1.1 for the same dispute value.
1.1.3. If multiple disputes (i) are of the same nature, (ii) involve the same claimant or respondent, and (iii) are resolved by the Arbitral Tribunal within the same time frame, the President of the Center may decide to reduce the arbitration fees for each dispute. However, the total arbitration fees collected for all disputes resolved within the same time period shall not be less than 150% of the fee specified in Clause 1.1.1 or 1.1.2 applicable to the dispute with the highest value.
1.1.4. The value of the dispute in foreign currency shall be converted into Vietnamese Dong based on the selling exchange rate of the Joint Stock Commercial Bank for Foreign Trade of Vietnam (VIETCOMBANK) at the time of filing the Statement of Claim or Counterclaim.
1.2. If the Statement of Claim or Counterclaim does not specify the value of the dispute, the President of the Center shall determine the arbitration fee based on the nature of the dispute, the expected time to resolve it, and the number of arbitrators.
1.3. In case the Statement of Claim or Counterclaim includes both claims with specified value and other claims without specified value, the arbitration fee for claims with specified value shall be calculated pursuant to Clause 1.1; the arbitration fee for claims without specified value shall be calculated pursuant to Clause 1.2.
1.4. The provisions in Clauses 1.1, 1.2, and 1.3 above also apply to amendments and supplements to the Statement of Claim or Counterclaim that increase or decrease the value of the dispute, except where the adjustment is a decrease in the value after VTIAC has already accepted the case—then the arbitration fee shall not be reduced.
1.5. The arbitration fees specified in Clauses 1.1, 1.2, and 1.3 include:
a. Arbitrators’ remuneration, travel expenses, and other costs;
b. Expert consultation fees and other assistance required by the Arbitral Tribunal;
c. Administrative fees;
d. Case Arbitrator appointment fees by VTIAC at the request of the parties;
đ. Fees for other facilities and services provided by VTIAC.
1.6. The arbitration fees specified in Clauses 1.1, 1.2, and 1.3 do not include:
a. Travel and other expenses of Arbitrators for attending hearings at locations where VTIAC does not have its headquarters, branch, or representative office, as chosen by the parties;
b. Room rental for hearings held outside VTIAC's premises, as per the parties' agreement;
c. Expert consultation and other support services requested by one or both parties and approved by the Arbitral Tribunal. The requesting party shall bear such costs; if jointly requested, costs are split equally;
d. Translation of documents not in Vietnamese for the Arbitral Tribunal;
đ. Interpretation services where the language of arbitration is not Vietnamese;
e. Charges payable to competent state authorities during the arbitration process;
g. Other costs (if any) charged by third-party service providers.
1.7. Arbitration Fee Refund
1.7.1. In case of withdrawal or amendment/supplement of the Statement of Claim or Counterclaim:
a) If withdrawal occurs before the Arbitral Tribunal is formed, VTIAC shall refund 80% of the arbitration fee;
b) If withdrawal occurs after the Arbitral Tribunal is formed, VTIAC shall refund 60% of the arbitration fee.
1.7.2. If the Arbitral Tribunal issues a Decision to terminate the proceedings due to non-existence, invalidity, or unenforceability of the arbitration agreement, VTIAC shall refund 50% of the arbitration fee.
1.7.3. If the Arbitral Tribunal issues a Decision to terminate the proceedings following a Decision by a Court that the dispute falls outside the jurisdiction of Arbitration, VTIAC shall refund 40% of the arbitration fee.