AR 36/2019

Ref.: Circumstances where a discount is given on the Administrative Fee charged in connection with a CAM-CCBC Mediation Proceeding

WHEREAS, mediation is an appropriate method for dispute resolution as an alternative to the judicial system and provides speedy proceedings, with a view to preserving the relationship between the parties;

 

WHEREAS, institutional mediation administered by the CAM-CCBC adopts a non-confrontational method, whereby any party can seek the amicable solution of disputes related to the interpretation or enforcement of a specific contract, in accordance with CAM-CCBC Mediation Rules;

 

The President of the Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada (“CAM-CCBC”), in the exercise of the powers granted upon him under Article 2.6(c) of the CAM-CCBC Rules, approved on September 1, 2011, as amended on April 28, 2016, upon consideration of the Advisory Committee’s view thereon, hereby issues the present resolution, which provides for the circumstances involving concession of a discount on the administrative fee charged in connection with a CAM-CCBC Mediation Proceeding.

Article 1º – In the cases described below, a discount on the amount owed as Administrative Fee shall be granted to the parties on mediation proceedings:

• 100% discount when the parties, following mediation proceedings, commence arbitral proceedings at the CAM-CCBC; or
• 50% discount when the parties request, in the course of arbitral proceedings, suspension thereof to start mediation proceedings.

Sole Paragraph – Example of a dispute whose amount in dispute is fifty million reals (R$ 50,000,000.00):

Administrative Fee	Arbitration*	Mediation	⇒	Mediation with discount
	R$ 91.960,00 (per side)	R$ 40.000,00 (per side)		R$ 0,00 when mediation precedes arbitration R$ 20.000,00 (per side) when mediation occurs in the course of the arbitration

*2019 Table of Expenses

Article 2º – No discount shall be granted on the Mediator’s Fees and in the expenses incurred by the CAM-CCBC in conducting the proceedings.

Article 3º – Only cases with the same object and parties in both mediation and arbitration proceedings shall be eligible for discount. In addition, the discount shall apply only when the arbitral proceedings are filed within twelve (12) months from the date of execution of the mediation’s Closing Statement.

Article 4º – As to the moment when the discount shall be adopted: 

• If the mediation precedes the arbitration proceedings, the discount shall apply upon the payment of the arbitral proceedings’ costs;
• If, however, the arbitration precedes the mediation proceedings, the discount shall be applied upon the payment of the mediation proceedings’ costs.

Article 5º – The discount shall apply to the parties which have provisioned the relevant amounts.

Article 6º – This Resolution becomes effective as of the date of its approval.

 

 ***

São Paulo, January 16, 2019.

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Carlos Suplicy de Figueiredo Forbes

President of the CAM-CCBC