Mediation / SCHEDULE OF MEDIATION COSTS

MEDIATION COSTS SCHEDULE

OF THE MIDDLE COMMERCIAL ARBITRATION CENTER

 (Effective as of June 01, 2021)

I. Mediation and Mediation Registration Costs

1. The mediation registration fee is: VND 5,000,000.00

2. Mediation costs (excluding mediation registration fee) are calculated on the basis that the value of the dispute is the total value of all requests by the parties.

2.1.  For the dispute is resolved by a Vietnamese Mediator.

Unit: Vietnamese Dong

2.2 For the following cases:

(i) The dispute is resolved by more than 01 Mediator;

(ii) The dispute is resolved by foreign Mediator;

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

(iv) The parties adjust to increase or decrease the value of the dispute during the mediation process,

The Director of the Center will decide on mediation costs based on the following factors:

• The number of mediators conducting mediation;

• The value of the dispute;

• The complexity of the dispute; and

• The estimated time for resolving disputes.

3. Value of the dispute in foreign currency shall be converted into Vietnamese Dong at the foreign exchange rate announced by Joint Stock Commercial Bank for Foreign Trade of Vietnam (Vietcombank) on the date of submission of the Request for Mediation.

4. The mediation registration fee specified in Section 1 shall be paid by the requesting party. In case the parties request, the registration fee will be divided equally.

5. If the parties do not otherwise agree, the fee and costs as mentioned in Section 2.1 and Section 2.2 shall be equally allocated to the parties.

6. The mediation costs are inclusive of VAT.

II. Refund of mediation costs

The mediation costs (excluding mediation registration fee) are refunded in the following cases:

1. In case the requested party refuses to mediate or fails to send the Statement of Reply to the Center as prescribed in point d clause 1 Article 13 of MCAC’s Mediation Rules, MCAC shall refund the entire amount of the mediation costs (excluding mediation registration fee) paid by the requesting party to MCAC;

2. In case one party or all parties declare that they wish to terminate the ongoing mediation process under point c clause 1, Article 13 of MCAC’s Mediation Rules after the time of the appointed mediator has accepted the appointment, MCAC shall refund 80% of the mediation costs (excluding mediation registration fee);

3. In case one party or all parties declare that they wish to terminate the ongoing mediation process under point c clause 1, Article 13 of MCAC’s Mediation Rules after MCAC notified the date of the first mediation session but before the date this first mediation session will take place, MCAC shall refund 60% of the mediation costs (excluding mediation registration fee).

4. In case of termination of mediation process under point b, clause 1, Article 13 of MCAC’s Mediation Rules, MCAC shall refund the mediation costs respectively to the cases specified in Section II.2 and Section II.3 above.