Costs of arbitrations

In force as from 1 February 2016 and applicable in the arbitral proceeding from its enforceable date (*)

(Under the Decision No.89/QD-VIAC dated 25/01/2015 by the VIAC President)

I. Basis of calculation:

1. For Requests for Arbitration and Counterclaims specifying the value in disputes

1.1. For disputes resolved by an Arbitral Tribunal comprising three Arbitrators:

Unit: VND

1.2. For disputes resolved by a Sole Arbitrator, the arbitration costs shall be 70% of the costs for the same value in dispute mentioned in Section 1.1 above.

1.3. 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 a Request for Arbitration or Counterclaim.

2. For requests for Arbitration and Counterclaims without indicating the monetary value in dispute, the arbitration costs shall be fixed by the VIAC President at his consideration of the dispute’s nature, estimated time for dispute settlement and the number of the Arbitrators.

3. For Requests of Arbitration and Counterclaims containing both monetary requests and non-monetary Item 1 and Item 2, respectively.

4- The arbitration costs mentioned in Items 1, 2 and 3 above excludes travelling, accommodation and other relevant expenses for Arbitrator(s) who resolve the dispute and secretarie(s) of the hearings, expenses for inspection and valuation of assets, expenses for seeking expert advice, and expenses for other assistance at the request of the Arbitral Tribunal.

5- The regulations in the above-mentioned Items 1, 2, 3 and 4 shall apply to calculate the additional arbitration costs for any amendment and/or the value of the Counterclaim. In case of any decrease in the value of the dispute or in the value of the Counterclaim, the arbitration cost shall remain unchanged.

II. The refunding:

The arbitration costs shall be refundable in the following circumstances:

1. Withdrawal of the Request for Arbitration and/or amendment and/or supplement to the Request for Arbitration; the Counterclaim and/or amendment and/or supplement to the Counterclaim:

(i) Where the Request for Arbitration and/or amendment and/or supplement to the Request for Arbitration; the Counterclaim and/or amendment and/or supplement to the Counterclaim are withdrawn before the constitution of the Arbitral Tribunal, 70% of the arbitration costs ảe refundable;

(ii) Where the Request for Arbitration and/or amendment and/or supplement to the Request for Arbitration; the Counterclaim and/or amendment and/or supplement to the Counterclaim are withdrawn after the constitution of the Arbitral Tribunal, 40% of the arbitration costs are refundable.

(iii) Where the Request for Arbitration and/or amendment and/or supplement to the Request for Arbitration; the Counterclaim and/or amendment and/or supplement to the Counterclaim are withdrawn after the Center has sent the summon to the hearing, but before the date of the hearing, 20% of the arbitration costs are refundable.

2. Where the Arbitral Tribunal makes the Decision staying the dispute on the grounds of non-existence or invalidity or inability to be performed of an arbitration agreement, 30% of the arbitration costs are refundable.

3. Where the Arbitral Tribunal makes the Decision staying the dispute resolution in accordance with a competent Court’s judgment saying that the Arbitral Tribunal having no jurisdiction over the dispute, 20% of the arbitration costs are refundable.

4. In no circumstances, the remaining arbitration costs is less than VNA 10,000,000.

(*): Schedule of Arbitration costs (as amended) applies to disputes with arbitration proceedings began on February 01, 2016. The dispute had started arbitration proceedings began before February 01, 2016, the costs is applied as the schedule taking effect from the date of March 24, 2014.