Text size : A A A | Sitemap




BDAC Commercial Mediation Scheme

BRUNEI DARUSSALAM ARBITRATION CENTRE
COMMERCIAL MEDIATION SCHEME

FEE SCHEDULE


1.​​The fee payable by the parties to the Brunei Darussalam Arbitration Centre (“BDAC”) are as follows:
(a)​​Filing Fee; and
(b)Mediation Fee.
2.Filing Fee
2.1Each party1 is required to pay a non-refundable Filing Fee of $200.00 to BDAC for the provision of administrative and support services.
2.2The Filing Fee will be collected within three (3) working days after BDAC has acknowledged the receipt of the Request for Mediation. BDAC will only proceed to make administrative arrangements for the mediation upon payment of the Filing Fee from all parties named in the Request for Mediation.
3.Mediation Fee
3.1The Mediation Fee is payable to BDAC for, inter alia, the following expenses borne by BDAC:
(a)Mediator's fee2;
(b)Rental of premises3; and
(c)Food and beverage charges for lunch and refreshments4.
3.2Generally, the Mediation Fee for a two-party mediation will be as follows:
Quantum of claim(s) and Counterclaim(s) (B$)Mediation Fee (B$)
Above 60,000 to 100,000$700 per party per day
​ ​ ​
1 If a party is represented by a law firm, the reference to party/parties in this Fee Schedule would refer to the representing law firm. Where several parties are represented by the same law firm, they shall collectively be treated as one (1) party for the purposes of fees payable to SMC.
2 For one (1) full day mediation from 9.00 am to 5.00 pm except Friday from 12.00 noon to 2.00 pm. Please note that the Mediator’s fee remains unchanged even if the mediation begins late or concludes before 5.00 pm. Overtime charges will apply from after 5.00 pm.
3 Subject to availability of venue at the BEDB Building, BDAC reserves the right to change the venue of the mediation and revise the Mediation Fee quoted in this Fee Schedule.
4 The Mediation Fee payable by a party covers the food and beverage charges for lunch and refreshments for the Mediator(s) and up to three (3) persons per party.
​ ​ ​
Above 100,000 up to 250,000$950 per party per day
Above 250,000 up to 500,000$2,050 per party per day
Above 500,000 up to 1,000,000$2,450 per party per day
Above 1,000,000 up to 2,500,000$2,850 per party per day
Above 2,500,000 up to 5,000,000$3,100 per party per day
Above 5,000,000$3,400 per party per day

3.3Please note that when parties choose their own Mediator(s), the selected Mediator(s) is/are entitled to charge his/her commercial rates and this Fee Schedule will not be applicable.
3.4Where there are more than two parties to the mediation, the above rates do not apply and BDAC will advise all parties on the Mediation Fee applicable.
4.Additional Charges
4.1In addition to the Mediation Fee, BDAC will collect a deposit for the additional charges stated in paragraph 4.2.
4.2Parties will be required to pay overtime charges and room rental charges when a mediation:
(i)lasts beyond 5:00 pm on a weekday; or
(ii)takes place on a weekend or a Public Holiday.
4.2.1Overtime charges will be charged at a rate of $300.00 per two (2) hours or part thereof for Mediator(s) and at a rate of $160.00 per two (2) hours or part thereof for BDAC staff.
4.2.2BDAC will advise parties on the room rental charges applicable depending on the venue of the mediation.
4.2.3Both overtime charges and room rental charges will be borne by the parties in equal portions.
4.3   Where more than three (3) representatives attend the mediation on behalf of a party, that party will be required to pay to BDAC an additional food and beverage fee per person per day
5.Payment of Total Mediation Fee
5.1The payment of the Mediation Fee and deposit for additional charges (collectively, the “Total Mediation Fee”) must be made within one (1) week from the date parties are informed by BDAC as to the Total Mediation Fee payable.
5.2In the event that a law firm is unable to make payment of the Total Mediation Fee within one (1) week from the date parties are informed by BDAC as to the Total Mediation Fee payable, BDAC will require a letter by the law firm undertaking to pay the Total Mediation Fee on behalf of their client.
5.3Paragraph 5.2 does not apply to parties who are not legally represented. Unrepresented parties will not be allowed to sign a letter of undertaking in lieu of payment. If an unrepresented party fails to make payment of the Total Mediation Fee within one (1) week from the date parties are informed by BDAC as to the Total Mediation Fee payable, BDAC retains the discretion to postpone the mediation until their Total Mediation Fee is paid in full. Should BDAC postpone the mediation, the unrepresented party who has failed to make payment will be liable to BDAC for any expenses already incurred.
6.Notice of Cancellation or Rescheduling
6.1Notice(s) of cancellation or rescheduling of the mediation session must be faxed to BDAC at least four (4) clear working days before the date of the mediation, failing which the initiating party will be required to bear 50% of their Mediation Fee for the cancellation or postponement of the mediation.
7.Refunds
7.1Any refund to the parties will generally be made within twenty-one (21) working days from the date of the mediation or the date of cancellation of the mediation.




Commencing Mediation
Commercial Mediation Scheme