ll payments of all costs mentioned in Article 39.
(2) The Arbitral Tribunal decides on the apportionment of the arbitration costs as between the parties with regard to the outcome of the case and other circumstances.
Article 41
Costs Incurred by a Party
Unless the parties have agreed otherwise, the Arbitral Tribunal may, at the request of a party, in an Award or other order by which the arbitral proceedings are terminated order the losing party to compensate the other party for legal representation and other expenses for presenting its case.
Exclusion of Liability
Article 42
Exclusion of Liability
The SCC Institute is not liable to any party for any act or omission in connection with the arbitration unless such act or omission is shown to constitute wilful misconduct or gross negligence by the SCC Institute. An arbitrator is liable only if shown to have caused damage by wilful misconduct or gross negligence.
Effectiveness
These Rules enter into force on 1 April 1999 and will replace the former Rules of the Arbitration Institute of the Stockholm Chamber of Commerce. These Rules will be applied to any arbitration commenced on or after this date, unless otherwise agreed by the parties.
III. APPENDIX
REGULATIONS FOR ARBITRATION COSTS
I. Registration Fee
(1) The Registration Fee in Article 6 of the Rules of the Arbitration Institute of the Stockholm Chamber of Commerce (hereinafter referred to as "the SCC Rules") is EUR 1000.
(2) The registration fee is non-refundable and shall constitute a part of the Administrative Fee due to the SCC Institute under Section III, Article 2 below and shall be deducted from the Advance on Costs to be paid by the Claimant pursuant to Article 14 of the SCC Rules.
II. Advance on Costs
According to Article 13 of the SCC Rules, the SCC Institute shall fix an amount which, together with the accrued interest, shall constitute an advance on the Arbitration Costs. The amount shall cover the estimated Arbitration Costs pursuant to Article 39 of the Rules and, if required, value added tax. Amounts referred to in the first paragraph, sections (i) through (iii), in Article 39 of the Rules are to be determined pursuant to these Regulations.
III. Arbitration Costs
Article 1
Arbitrator's Fee
(1) Unless otherwise agreed by the parties, the SCC Institute shall decide the fees of the arbitrator in accordance with the table below, based on the amount in dispute. If so required by law, value added tax shall be added to such fees.
(2) For the purpose of calculating the amount in dispute, the value of any counterclaim or set-off claim is to be added to the amount of the claim with the exception of interest claims. Where the amount in dispute is not specified, the SCC Institute will fix the fees on the basis of an assessment of the size of the case. Each party must provide the SCC Institute with the information deemed necessary for such assessment.
(3) If a case has required substantially more or less work than is considered normal, the SCC Institute may deviate from the amounts stated in the table.
(4) The fee due to the co-arbitrator is fixed per person to 60 per cent of the total fee paid to the Chairman, unless the SCC Institute decides otherwise in view of any special circumstances of the case.
---------------T-------------------------------------------------¬
¦ Amount in ¦ Chairman of the Tribunal/Sole Arbitrator (EUR) ¦
¦dispute (EUR) +---------------------T---------------------------+
¦ ¦ Minimum
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