Chapter 1
Cost of litigation
Cost was not viewed as a major concern in any of the countries assessed. In some instances legislation regulating court costs could have been clearer and the categorisation of different types of disputes, triggering different cost regimes, sometimes gave rise to contention. Payment of a state fee prior to filing a law suit is mandatory in all the jurisdictions and is one of the conditions for starting a proceeding in an economic case. The fee is normally expressed as an approximate percentage of the value of the claim and is therefore predictable. In all countries this was considered to be reasonable, although the potential maximum fees payable in Belarus and Turkmenistan were substantially higher than elsewhere.
Source: The EBRD Judicial Decisions Assessment.
Note: The chart depicts the average scores given to reasonableness of court costs in the decisions reviewed, as assessed by local commercial law experts and a regional panel. The maximum score is 5, which represents a very reasonable cost regime.