RA 22/2016

Arbitrators’ Fees in cases of replacement of the arbitrators during the arbitral proceeding – CAM-CCBC Table of Expenses

Ref.: Arbitrators’ Fees in cases of replacement of the arbitrators during the arbitral proceeding – CAM-CCBC Table of Expenses, effective as of January 1, 2015

The President of the CAM-CCBC (“Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada”), exercisingits powers under Article 2.6(c) of the CAM-CCBC Arbitration Rules, approved on September 1st, 2011, with the amendments approved on April 28th 2016, with the purpose of giving greater predictability and transparency to the amounts due as arbitrators’ fees, resolves, complementing the Administrative Resolution No. 16/2016, to establish the parameters that will be adopted for the payment of the fees to the arbitrators in cases of their replacement during the arbitral proceeding, as follows.

In these cases, the CAM-CCBC will adopt the parameters described in the table below:

 

Before the Constitution of the Arbitral Tribunal After the Constitution of the Arbitral Tribunal until the signature of the Terms of Reference After the signature of the Terms of Reference After the termination of the preliminary phase, when the preliminary hearing is unnecessary
Withdrawal
0%
0%
Up to 20%
Up to 50%
Death or Disability
0%
0%
Up to 20%
Up to 50%
  1. Dismissal in case of challenge of the arbitrator

In cases of dismissal of the arbitrator determined by the Special Committee constituted under art. 5.4 of the Rules, the members of the List of Arbitrators established to judgethe challenge shall submit a proposal on the amount of fees due and, if applicable, any possible return of anticipated amounts to the parties.

  1. Recomposition of fees in cases of replacement of arbitrators

In cases thatit is necessary the replacement ofarbitrators, the CAM-CCBC Secretariat shall forward to the parties the invoices for the provisioning of the supplementation of the arbitrator’s fees, observing the amounts paid to the replaced arbitrator.

  1. Appointment of arbitrator with partial fees

Upon a request submitted by the parties in a justified manner, and authorization from the CAM-CCBC Board, the Secretariat may consult the substitute arbitrator on the possibility to act in the procedure receiving only the remaining provisioned fees.

  1. Removal due to supervening event attributable to the arbitrator

If the removal or withdrawal is due to a supervening event attributable to the arbitrator, the CAM-CCBC Board will decide on the final value of the respective fees and, if applicable, will determine the possible return of advance amounts.

  1. Inquiry to arbitrators

In all cases mentioned above, the arbitrators will be consulted and may present their considerations to the CAM-CCBC in order to adapt the proportions described in this resolution. The CAM-CCBC Board will analyze the arbitrators’ deliberations, considering the complexity of the case, decisions rendered in the development of the arbitration, report of hours worked, among others, being able to change the percentage set forth in the table above.

***

Cases not covered herein will be deliberated by the CAM-CCBC Board.

São Paulo, October 10, 2016.

Carlos Suplicy de Figueiredo Forbes

President of CAM-CCBC

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