Schedule of Costs – International

This schedule of costs (the Schedule), as amended from time to time by the MCN, will apply in all the above proceedings.

1.    Administrative charges

1(a)    Registration Fee (payable in advance with the notice of the relevant proceedings: non-refundable).

Registration Fee USD 750

1(b)    Time spent* by the Case Managers of the MCN in the administration of the proceedings.

USD 200 per Hour

1(c)    Expenses incurred by the MCN Case handling team and by members of the MCN, in connection with the proceedings (such as postage, telephone, travel etc.), and additional support services, whether provided by the MCN staff or by the members of the MCN from their own resources or otherwise.

1(d)    The MCN’s fees and expenses will be invoiced in USD, but may be paid in other convertible currencies, at rates prevailing at the time of payment, provided that any transfer and/or currency exchange charges shall be borne by the payer.

1(e)    Charges may be subject to Tax at the prevailing rate.

2.    Fees and expenses of the neutral/s

2(a)    The fees and expenses of the Mediator, Arbitrator, Adjudicator, Expert or other neutral will be calculated and charged to the parties in accordance with the relevant provisions of the applicable rules or procedures.

2(b)    If the fees of the Mediator, Arbitrator, Adjudicator, Expert or other neutral are to be based on time spent in the course of the proceedings, they shall be at hourly rates not exceeding USD 350.

2(c)    However, in exceptional cases, the rate may be higher, provided that, in such cases, (a) the fees of the Mediator, Arbitrator, Adjudicator, Expert or other neutral shall be fixed by the MCN, following consultations with the neutral, and (b) the fees shall be agreed expressly by all parties.

2(d)    Subject to paragraph 2(a) above, the Mediator, Arbitrator, Adjudicator, Expert or other neutral may:

(i)    charge for time spent travelling;

(ii)    charge for time reserved but not used as a result of late postponement or cancellation of hearings, provided that the basis for such charge shall be advised in writing to, and approved by MCN; and

(iii)    recover such expenses as are reasonably incurred in connection with the proceedings, and as are reasonable in amount, provided that claims for expenses should be supported by invoices or receipts.

2(e)    The fees of the Mediator, Arbitrator, Adjudicator, Expert or other neutral shall be invoiced in the currency of account between the neutral and the parties.

2(f)    Charges may be subject to Taxes at the prevailing rate.

3.    Administration of parties’ funds

3(a)    The Mediator, Arbitrator, Adjudicator, Expert or other neutral may direct the parties, in such proportions as he thinks appropriate, to make one or several interim or final payments on account of the costs of the proceedings.

3(b)    The neutral shall not proceed with the proceedings without ascertaining at all times from the MCN office that MCN has received requisite funds.

3(c)    Funds deposited by the parties on account of the fees and expenses of the Mediator, Arbitrator, Adjudicator, Expert or other neutral , and of the MCN; or on account of the cost of venue, facilities and other support services, are to be paid by parties.

3(d)    In the event that funds deposited by the parties exceed the costs of the proceedings at the conclusion of the proceedings, as determined by the Mediator, Arbitrator, Adjudicator, Expert or other neutral , surplus monies will be returned to the parties accordingly.

3(e)    When interim payments are required to cover the MCN’s administrative charges; or the fees or expenses of members of the MCN, or the fees or expenses of the Mediator, Arbitrator, Adjudicator, Expert or other neutral ; or charges for venue facilities and other support services, such payments may be made against the invoices for any of the above from funds held on deposit. If no or insufficient funds are held at the time the interim payment is required, the invoices for any of the above may be submitted for payment direct by the parties.

3(f)    Any request by the Mediator, Arbitrator, Adjudicator, Expert or other neutral for payment by MCN on account of his fees shall be supported by a fee note, or fee notes, which shall include, or be accompanied by, a detailed breakdown of the time spent at the rates that have been agreed with the parties, and the fee note will be forwarded to the parties prior to settlement of the account.

3(g)    Any bank charges incurred on any transfer of funds by the parties to MCN shall be borne exclusively by the party or parties transferring the funds.

3(i)    The parties shall be jointly and severally liable for the charges and expenses of the Mediator, Arbitrator, Adjudicator, Expert or other neutral , and MCN, until such charges and expenses have been paid in full.