Refund of Arbitration Fee due to Case Withdrawal-China International Economic and Trade Arbitration Commission

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Refund of Arbitration Fee due to Case Withdrawal

Pursuant to the provisions on the Refund of Arbitration Fee due to Case Withdrawal passed by the Chairmen’s Meeting of the 17th Committee of CIETAC on 23 January 2008, the following shall be taken into consideration in determining the refund amount:

Domestic Cases

1. Where a case is withdrawn before the formation of an arbitral tribunal, the entire registration fee and 1/2 of the handling fee shall be refunded.

2. Where a case is withdrawn after the formation of an arbitral tribunal but before the first oral hearing, 1/2 of the registration fee and 1/2 of the handling fee shall be refunded.

3.Where a case is withdrawn after the first oral hearing, normally no fee shall be refunded, but in special cases, a maximum not exceeding 20% of the handling fee may be refunded on a case by case basis while the registration fee shall not be refundable.

Foreign-Related & International Cases

1. Where a case is withdrawn before the formation of an arbitral tribunal, 60% of the arbitration fee (without the registration fee, the same below) shall be refunded.

2. Where a case is withdrawn after the formation of an arbitral tribunal but before the first oral hearing, the registration fee shall not be refunded but 1/2 of the arbitration fee shall be refunded.

3. Where a case is withdrawn after the first oral hearing, normally no fee shall be refunded, but in special cases, a maximum not exceeding 20% of the handling fee may be refunded on a case by case basis while the registration fee shall not be refundable.

Pre-Paid Arbitration Fee Less than RMB 5,000.00 yuan

Where the arbitration fee paid in advance is less than RMB 5,000.00 yuan, the Secretariat of the CIETAC or the respective Secretariats of CIETAC’s Sub-Commissions shall make a decision on a case by case basis.

Refund Due to Lack of Jurisdiction

Where a case is withdrawn before the first oral hearing due to the lack of jurisdiction decided by the CIETAC or a People’s Court, all fees shall be refunded save for a portion of management fee.

Where a decision on the lack of jurisdiction can only be made after the oral hearing, the refund amount shall be determined after taking into consideration the involvement and the workload of the arbitral tribunal as well as the responsibilities of the disputing parties.

Case Withdrawal due to a party’s Absence at An Oral Hearing

A case or a request for arbitration is deemed automatically withdrawn when a claimant, despite a written notice of an oral hearing by the Secretariat, fails to appear at the oral hearing without showing sufficient cause to such failure or withdraws from an on-going oral hearing without the permission of the arbitral tribunal, no fees shall be refunded.