Art. 15 FAI Mediation Rules

SCHEDULE OF MEDIATION FEES AND COSTS

(All amounts in this Appendix are in Euros, hereinafter “EUR”)

1. FILING FEE

1.1 The Filing Fee amounts to EUR 1,500.

1.2 The Filing Fee constitutes part of the Administrative Fee referred to in Article 4 below. The Filing Fee shall be credited to the respective party’s share on the advance on costs referred to in Article 2 below.

1.3 In case of a joint Request for Mediation, the Filing Fee shall be shared in equal proportions by the parties, unless otherwise agreed by the parties.

1.4 The payment of the Filing Fee shall be made by transfer to the bank account of the Finland Chamber of Commerce.

1.5 The Filing Fee is non-refundable, except if one of the parties objects to FAI Mediation or does not submit a response within the time limit set by the FAI and the FAI declares that the mediation has terminated in accordance with Article 4.3 of the Mediation Rules.

1.6 When the mediation is preceded by the submission of a request for arbitration pursuant to the Arbitration Rules or the Expedited Rules concerning the same parties and the same or parts of the same matter, no Filing Fee shall be charged for the mediation.

1.7 When the mediation is followed by a request for arbitration pursuant to the Arbitration Rules or the Expedited Rules concerning the same parties and the same or parts of the same matter, the Filing Fee paid in the mediation shall be deducted from the filing fee payable in the arbitration proceedings.


2. ADVANCE ON COSTS

2.1 As provided in Article 14 of the Mediation Rules, the advance on costs fixed by the FAI shall correspond to the expected costs of FAI Mediation pursuant to Article 13.1 of the Mediation Rules.

2.2 Unless otherwise agreed by the parties, each party shall pay an equal share of the advance on costs within the time limit set by the FAI.

2.3 Upon request of the mediator, or at its own discretion, the FAI may adjust the advance on costs, and request the parties to pay further advances on costs, at any time during the proceedings to take into account any changes in the amount of the expected costs of FAI Mediation.

2.4 In the event that any part of the advance on costs remains unpaid, the FAI may declare that the mediation has been terminated.

2.5 Each party shall pay its share of the advance on costs in cash. The payment shall be made by transfer to the bank account of the Finland Chamber of Commerce.

2.6 The amounts paid as advances on costs do not yield interest for the parties or the mediator.


3. FEE AND EXPENSES OF THE MEDIATOR

3.1 The mediator’s fee shall be determined exclusively by the FAI. Separate fee arrangements between the parties and the mediator are contrary to the Mediation Rules.

3.2 The mediator’s fee shall be based on an hourly or daily rate (excluding VAT, if any) fixed by the FAI when appointing or confirming the mediator and after having solicited views of the mediator and the parties. The hourly or daily rate shall be reasonable in amount and shall be determined in light of the nature of the matter and other relevant circumstances.

3.3 When determining the mediator’s fee at the end of FAI Mediation, the FAI shall consider the time reasonably spent on the proceedings and any other relevant circumstances.

3.4 Pursuant to Article 13 of the Mediation Rules, the parties shall reimburse the mediator for reasonable travel, accommodation and other expenses incurred during the mediation. The FAI shall determine the reasonableness of such
expenses and the extent to which they will be reimbursed.


4. ADMINISTRATIVE FEE

4.1 The Administrative Fee referred to in Article 13 of the Mediation Rules shall be determined taking into account the monetary value of the dispute at stake in accordance with Table A below.

4.2 The monetary value at stake is calculated as the aggregate value of all claims. Where the monetary value cannot be ascertained, the FAI shall determine the Administrative Fee taking into account all relevant circumstances.

4.3 In exceptional circumstances, the FAI may deviate from the fee amounts set out in Table A or require payment of administrative expenses in addition to the Administrative Fee provided in Table A.

4.4 The payment of the Administrative Fee, if not covered in full by the advance on costs fixed by the FAI in accordance with Article 2.1, shall be payable immediately upon request by the FAI and shall be made by transfer to the bank account of the Finland Chamber of Commerce.


5. OTHER PROVISIONS

5.1 The FAI may issue guidelines to supplement the provisions of this Appendix with regard to the payment of the Filing Fee, advance on costs, mediator’s fee and expenses, as well as the Administrative Fee and expenses of the FAI.

5.2 This Appendix may be separately amended from time to time by the FAI or the Finland Chamber of Commerce.