In order to promote harmonious and efficient resolution of disputes among parties, reduce the cost burden of market entities in resolving commercial disputes, and maintain a stable, orderly, and fair business environment, pursuant to the provisions of the Shenzhen Court of International Arbitration Regulations, the Shenzhen Court of International Arbitration (also known as the South China International Economic and Trade Arbitration Commission, the Greater Bay Area International Arbitration Center, and the Shenzhen Arbitration Commission, hereinafter referred to as "SCIA") has decided on the following arrangements at the Fifth Meeting of the Third Council.
Encouraging Harmonious Dispute Resolution: 50% Reduction in Arbitration Fees for Settlement Cases
Effective from January 1, 2024, for cases accepted from January 1, 2024, and cases accepted before January 1, 2024, that are not yet concluded, if the parties reach a settlement and apply for withdrawal of the case or request the arbitration tribunal to render an award or mediation based on the settlement agreement according to the arbitration rules, a 50% reduction in arbitration fees will be granted.
Encouraging Efficient Dispute Resolution: 20% Reduction in Arbitration Fees for Cases Using Synchronous Electronic Delivery
Effective from January 1, 2024, for cases accepted from January 1, 2024, if both parties confirm and cooperate in the synchronous electronic delivery of case materials on SCIA's online arbitration service platform, a 20% reduction in arbitration fees will be granted.
Reducing the Burden on Parties: Cap on Arbitration Fees
For domestic arbitration cases applying from January 1, 2024, if the amount in dispute of a single case request or counterclaim exceeds RMB 3 billion, the acceptance fee and case processing fee for the portion exceeding RMB 3 billion will not be charged.
For international, foreign-related, and cases involving Hong Kong SAR, Macao SAR, and Taiwan submitted from January 1, 2024, no filing fee will be charged. If the amount in dispute of a single case request or counterclaim exceeds RMB 3 billion, the corresponding arbitration fees for the portion exceeding RMB 3 billion will not be charged.
Supporting the Development of Related Industries: 5% Reduction in Arbitration Fees
For intellectual property-related disputes where parties agree to arbitrate either by the SCIA with arbitration conducted at the China (Shenzhen) Intellectual Property Arbitration Center, or by the China (Shenzhen) Intellectual Property Arbitration Center, if the application for arbitration is submitted from January 1, 2024, a corresponding 5% reduction in arbitration fees will be granted.
For capital market-related disputes where parties agree to arbitrate either by the SCIA with arbitration conducted at the China (Shenzhen) Securities Arbitration Center, or by the China (Shenzhen) Securities Arbitration Center, if the application for arbitration is submitted from January 1, 2024, a corresponding 5% reduction in arbitration fees will be granted.
For maritime logistics-related disputes where parties agree to arbitrate either by the SCIA with arbitration conducted at the Shenzhen International Maritime Arbitration Center, or by the Shenzhen International Maritime Arbitration Center, if the application for arbitration is submitted from January 1, 2024, a corresponding 5% reduction in arbitration fees will be granted.
Application of Fee Reduction Measures
1. Fee Reduction Measures Specified in Article One: During the effective period of this arrangement, parties should apply to withdraw the case or request the arbitration tribunal to render an award or mediation based on the settlement agreement. The party applying for the fee reduction should also submit an "Arbitration Fee Reduction Application." Upon review and confirmation of eligibility, the corresponding fees will be refunded after the case is closed.
2. Fee Reduction Measures Specified in Article Two: During the effective period of this arrangement, both parties should confirm and cooperate in the synchronous electronic delivery of case materials through the SCIA's online arbitration service platform(online.scia.com.cn). The party applying for the fee reduction should also submit an "Arbitration Fee Reduction Application." Upon review and confirmation of eligibility, the corresponding fees will be refunded after the case is closed.
3. Automatic Application of Fee Reduction Measures: Fee reduction measures specified in Articles Three and Four of this arrangement apply automatically to eligible cases, unless otherwise specified. Additionally, parties may apply for installment payment of arbitration fees in accordance with the applicable arbitration rules.
4. Application of Fee Reduction Measures: The fee reduction measures specified in Article One and Article Two do not overlap. If the fee reductions differ, the lower fee reduction shall apply.
The fee reduction measures specified in Article Three and Article Four can be applied cumulatively. Parties can further apply the fee reduction measures specified in Article One or Article Two on top of this basis.
5. Consistency of Fee Reduction Measures: In cases where the fee reduction measures specified in Article One of this arrangement conflict with the "Shenzhen Court of International Arbitration Regulations on Fees and Refunds for Special Circumstances of Arbitration Cases," the lower fee shall prevail.
6. Settlement Agreements: Prior to applying for arbitration, if parties reach a settlement on their own, or through mediation by the SCIA Mediation Center, other recognized arbitration and mediation institutions (including members of the Guangdong, Hong Kong & Macao Arbitration & Mediation Alliance), or through negotiation conducted by the SCIA Negotiation Facilitation Center r, and request the SCIA to render an award or mediation based on the settlement agreement according to the arbitration rules, the arbitration fee will be reduced by 50% to 75% as per the "Shenzhen Court of International Arbitration Regulations on Fees and Refunds for Special Circumstances of Arbitration Cases". If the arbitration fees calculated under Article Three and Article Four of this arrangement differ, the lower fee shall apply. The fee reduction measures specified in Article One and Article Two do not apply in this scenario.
7. Compliance with Laws and Regulations: Parties should adhere to principles of honesty and creditworthiness in resolving disputes. Parties engaging in false settlements, false mediations, or false arbitrations are not eligible for fee reductions and should bear corresponding legal responsibilities.
This arrangement shall be implemented from the date of issuance and remain valid until December 31, 2024.
Interpretation of this arrangement is vested in theSCIA.
Shenzhen Court of International Arbitration
December 31, 2023
Notes:
[1] The Shenzhen Court of International Arbitration Arbitration Rules (effective from February 21, 2019, first revised on October 1, 2020, and second revised on February 21, 2022) Article 6(5) stipulates: "Unless otherwise agreed by the parties, the SCIA or the arbitral tribunal may permit a party to directly send arbitral documents and evidentiary materials to the other party at the same time as the submission thereof to the SCIA or the arbitral tribunal, or to send them directly to the online arbitration platform of the SCIA, and then submit the record of delivery to the SCIA. The time of delivery will be determined by the SCIA or the arbitral tribunal according to the record of delivery." Synchronous electronic delivery refers to electronic delivery conducted under this provision, with specific operations guided by the relevant instructions of the Shenzhen Court of International Arbitration's online arbitration service platform.
[2] The "arbitration fees" referred to in Article Four (1), (2), and (3) of this arrangement refer to:
For domestic arbitration cases in mainland China: Case acceptance fees and case processing fees.
For international, foreign-related, as well as China's Hong Kong, Macao, and Taiwan-related arbitration cases: Arbitration fees.
