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Deposit

The NAI asks the claimant – and, if a counterclaim is presented, also asks the respondent – to pay a deposit to the NAI after appointment of the arbitrators. The NAI arranges for the arbitrators’ fees and costs to be paid from this deposit. The arbitrators consult with the NAI regarding the amount of the deposit to be requested. This amount depends on the financial interest of the claims, the number of arbitrators and an assessment of the work to be carried out by the arbitral tribunal.

To enable an indication to be given of the basic deposit, the NAI has performed an internal calculation of the average time spent by arbitrators on NAI arbitration. This time spent, together with the hourly rates, gives a picture of the average fees (excluding disbursements) in NAI arbitration and thus also an indication of the basic deposit. This means that the amounts set out in the table below are merely indicative.

 

NAI basic deposits (in €)

Category Financial interest Basic deposit in proceedings on the merits
Single Multiple
1  0 - 50,000 7,500 19,000
2  50,001 - 100,000 10,000 22,000
3 100,001 - 200,000 12,000 25,000
4 200,001 - 500,000 13,000 30,000
5 500,001 - 1,000,000 15,000 37,500
6 1,000,001 - 2,000,000 18,000 45,000
7 2,000,001 - 5,000,000 24,000 60,000
8 5,000,001 - 10,000,000 35,000 80,000
9 10,000,001 - 30,000,000 40,000 100,000
10 30,000,001 - 50,000,000 55,000 135,000
11 50,000,001 - 100,000,000 70,000 175,000
12 100,000,001 - 250,000,000 90,000 220,000
13 more than 250,000,000  115,000 270,000

 

Comments:

  • The amounts are merely indicative, based on historical data; in all cases, the arbitral tribunal is to consult with the administrator to consider whether the basic deposit will require adjustment in view of the expected course of the arbitration.
  • The basic deposit for summary arbitral proceedings is to be determined following consultation with the arbitrator (not less than € 10,000, as a rule).
  • When determining the basic deposit, it was assumed that a secretary will be present and that VAT will be owed.


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