TABLE OF EXPENSES

2019

CAM-CCBC’S Table of Expenses

(em vigor a partir de 1º de Janeiro de 2019)

In compliance with the terms of Article 12.1 of the of the Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada (“CAM-CCBC”) Rules (“Rules” or “CAM-CCBC Rules”), the following schedule of administrative fees, arbitrators’ fees and other expenses in connection with arbitral proceedings (“Table of Expenses”), effective as of January 1, 2019, is hereby introduced.

For purposes hereof, in arbitrations with multiple Claimants or Respondents, the amounts owed shall be apportioned between the components of the same side (claimant side or respondent side).

Any and all reference to “Claimant” or “Respondent” in this Table of Expenses shall be deemed to apply to the claimant side or to the respondent side, respectively, in arbitrations with multiple parties. In the same way, “Claimant” or “Respondent” may also be referred to as “Party” or, jointly, as “Parties”.

The administrative fees and the arbitrators’ fees calculated based on the amount of the claim stipulated during the administrative phase shall be fully paid before the signature of the Terms of Reference.

I. Registration Fee (arts. 4.2 and 12.5 of the CAM-CCBC Rules)

Amount: Four thousand reals (R$ 4,000.00), not subject to offsetting or reimbursement.

Party responsible for payment: Claimant.

Payment due date: The deposit receipt shall be submitted along with the Request for Commencement of Arbitration.

Payment terms: Bank deposit (see ‘X. – Payment Terms’).

 

II. Expensive Fund: (art. 12.6.1 and 12.8 of the CAM-CCBC Rules)

Amount: Ten thousand reals (R$ 10,000.00).

Party responsible for provisioningClaimant and Respondent.

Time limit for provisioning: Claimant: within up to ten (10) days from submission of the Request for Commencement of Arbitration. Respondent: within up to ten (10) days from the Answer to the Request for Commencement of Arbitration.

Time-limit for provisioning any additional amounts: up to ten (10) days from the issuance of the invoices sent by the Financial Department.

Provisioning Method: The Financial Department shall issue an invoice for payment (see ‘X. – Payment Terms’).

 

III. Administrative Fee per Party (art. 12.2, 12.3 and 12.3.1[1] of the  CAM-CCBC Rules)

[1] Considering that the calculation method applied to the administrative fees set out in this Table of Expenses is more beneficial to the parties, the terms of Articles 12.3 and 12.3.1 of the Rules shall not apply.

 

Amount in Dispute (R$)
‘Unit for Calculation of Fees’
(R$ + % of the difference)
4.000.000 52.500,00
4.000.000 to 10.000.000 52.500,00 + 0,100000% of the amount exceeding 4.000.000
10.000.000 to 18.000.000 58.800,00 + 0,090000% of the amount exceeding 10.000.000
18.000.000 to 50.000.000 66.360,00 + 0,080000% of the amount exceeding 18.000.000
50.000.000 to 100.000.000 93.240,00 + 0,070000% of the amount exceeding 50.000.000
100.000.000 to 150.000.000 129.990,00 + 0,050000% of the amount exceeding 100.000.000
150.000.000 to 300.000.000 156.240,00 + 0,005000% of the amount exceeding 150.000.000
300.000.000 to 500.000.000 164.115,00 + 0,002500% of the amount exceeding 300.000.000
500.000.000 to 1.000.000.000 169.365,00 + 0,001250% of the amount exceeding 500.000.000
1.000.000.000 175.927,50 + 0,000625% of the amount exceeding 1.000.000.000

Party responsible for provisioning: Claimant and Respondent.

Time-limit for provisioning: within up to thirty (30) days from submission of the Request for Commencement of Arbitration or from the Answer to the Request for Commencement of Arbitration.

 

IV. Arbitrators’ Fees (art. 12.7 of the CAM-CCBC Rules)

 

Amount in Dispute (R$)
‘Unit for Calculation of Fees’
R$ + % of the difference)
2.000.000 78.750,00
2.000.000 to 4.000.000 78.750,00 + 1,250000% of the amount exceeding 2.000.000
4.000.000 to 10.000.000 105.000,00 + 0,900000% of the amount exceeding 4.000.000
10.000.000 to 18.000.000 161.700,00 + 0,300000% of the amount exceeding 10.000.000
18.000.000 to 50.000.000 186.900,00 + 0,100000% of the amount exceeding 18.000.000
50.000.000 to 100.000.000 220.500,00 + 0,090000% of the amount exceeding 50.000.000
100.000.000 to 150.000.000 267.750,00 + 0,060000% of the amount exceeding 100.000.000
150.000.000 to 300.000.000 299.250,00 + 0,040000% of the amount exceeding 150.000.000
300.000.000 to 500.000.000 362.250,00 + 0,030000% of the amount exceeding 300.000.000
500.000.000 to 1.000.000.000 425.250,00 + 0,025000% of the amount exceeding 500.000.000
1.000.000.000 556.500,00 + 0,020000% of the amount exceeding 1.000.000.000

 

Amount of the sole arbitrator’s fees: ‘Unit for Calculation of Fees’, plus 20%.

Amount of the fees in a three-arbitrator Arbitral Tribunal: 3 times the ‘Unit for Calculation of Fees’, in that the Chairman of the Arbitral Tribunal shall receive the amounts corresponding to the ‘Unit for Calculation of Fees’ plus 20%. The other arbitrators shall receive the remaining amount equally divided between them, that is, each shall receive a ‘Unit for Calculation of Fees’ reduced by 10%.

Parties responsible for the provisioning: The total amount owed in fees shall be apportioned between the Claimant and the Respondent, by 50% each.

Time-limit for provisioning: within up to thirty (30) days from submission of the Request for Commencement of Arbitration or from the Answer to the Request for Commencement of Arbitration.

 

V. Amount in dispute for purposes of calculation of the administrative fees and arbitrators’ fees

a.     Definition

The amount in dispute shall be the sum of the claim(s) presented by the Party/Parties.

The amounts shall not be combined in the event of (i) mere allegation of insufficiency of the claim presented by the other Party or (ii) mirror-claim, so considered the allegation contained or reflected in the claim made by the other Party. In this latter case, one shall adopt the higher amount estimated for the claim.

b.    Segregation

In the event of a counterclaim, either Party may request the segregation of the amount in dispute for purposes of payment of the administrative fee and the arbitrators’ fees. In this manner, the Claimant and the Respondent shall be fully responsible for the payment of the amounts concerning their respective claims.

Requests for segregation shall not be accepted if the administrative fees and the arbitrators’ fees owed by the Party requesting segregation exceed those administrative fees and arbitrators’ fees that would otherwise apply under the general rule (combination of the amounts of the claims presented by the Parties).

c.    Reassessment of the amount in dispute for purposes of payment of costs

The reassessment of the amount in dispute herein addressed is intended for payment of the arbitral costs in the administrative sphere, under the amounts and pursuant to the rules stated in this Table of Expenses.

The amount in dispute considered as the basis for calculation of the administrative fees and the arbitrators’ fees may be reassessed by the Management of the CAM-CCBC with or without the recommendation of the Arbitral Tribunal, and will take into consideration documents and allegations submitted by the Parties or preliminary decisions made by the Arbitral Tribunal.

The reassessment of the amount in dispute in the administrative sphere may only be made by the end of the evidentiary phase.

Should there be an increase in the amount in dispute the Parties shall, within the time-limit determined by the CAM-CCBC Secretariat, supplement the amounts owed as administrative fee and/or arbitrators’ fees. In the event of default, the provisions set out in the Administrative Resolution approved by the President of the CAM-CCBC shall apply. Should there be a decrease in the amount in dispute, the financial department shall make the relevant restitutions.

Any change (increase or decrease) in the amount of the parties’ claims that is found after the end of the evidentiary phase shall not interfere with the payment of the arbitral costs made by the CAM-CCBC in the administrative sphere.

 

VI. Expert Fees (art. 12.12.1 of the Rules)

Amount: As per the fee proposal.

Party responsible for the provisioning: As determined by the Arbitral Tribunal.

Time-limit for provisioning:The expert fees shall be deposited by the Parties in full before the beginning of the expert’s works, under Article 12.12.1 of the Rules. Except as otherwise expressly determined by the Arbitral Tribunal, payment in advance of the expert’s fees is independent of the payment terms presented by the expert.

 

VII. Special Committee (art. 5.4 and 12.13 of the CAM-CCBC Rules)

Amount of the Committee’s Fees: R$ 20,000.00 per arbitrator challenged. The Chairman of the Special Committee shall receive 40% of the fees and the other members of the Committee shall receive the remaining amount equally divided between them, that is, 30% each. Under exceptional circumstances, the Management of the CAM-CCBC, at the request of the Special Committee duly established, may provide reasons for an increase in the fees.

Party responsible for the provisioning:Except as otherwise expressly and specifically provided, the fees shall be provisioned by the Party who brought the challenge, under penalty of dismissal thereof.

Time-limit for provisioning: The President of the CAM-CCBC shall issue an Order stipulating the time-limit of ten (10) days for provisioning.

 

VIII. Payment to arbitrators and experts

The payment of fees to the arbitrators and experts may be made to them as individuals or through a professional partnership or company in which the arbitrator and/or expert is a partner or member, provided that in due compliance with the relevant company/partnership purpose.

If payment is made to the individual, this information shall be presented by the professional as soon as he or she accepts the appointment in the arbitral proceeding.

In the event of receipt as individual, the Parties shall bear the relevant social security charges, which shall be formally paid by the Chamber of Commerce Brazil-Canada (“CCBC”) (withholding payer to the order of the Parties) (Art. 22, I, of Law 9876/99).

In the same way, for payments of fees through international remittance, the Parties shall bear the taxes and bank charges, according to applicable law.

The payment system for receipt of fees chosen by the arbitrator or expert, either as an individual, legal entity, or through international remittance, shall be effective until the end of the arbitration in course.

 

IX. The CAM-CCBC as appointing authority

In cases where the President of the CAM-CCBC exercises the function of appointing authority in arbitral proceedings, mediations and ad hoc committees for prevention and resolution of disputes, the amount of six thousand reals (R$ 6,000.00) will be charged. The Financial Department shall issue an invoice for payment thereof (see ‘X. – Payment Terms’).

X. Payment Terms

The administrative fees, arbitrators’ fees, experts’ fees and expense fund, as well as any other related expense (“Arbitration Expenses”) shall always be provisioned under an invoice (for payment in Brazil through bank slip or abroad through international remittance) issued by the financial department (“Financial Department”) of the CCBC, which shall be responsible for receipt, allocation and payment thereof.

All the expenses shall be calculated in reals (R$), which is the official currency in the Federative Republic of Brazil.

Should the parties estimate the amount in dispute in foreign currency, the Financial Department shall convert it into reals (R$), as per the exchange rate on the date of the filing of the Request for Arbitration.

If needed, the Financial Department shall request any relevant additional amounts or make any restitutions, in view of the amount received in reals (R$).

In any case, the Parties shall bear the applicable taxes and bank charges.

 

Banco Bradesco S.A. (237)

Agência [Branch] 7890

Câmara de Comércio Brasil-Canadá

CNPJ 43.737.840/0001-44

Conta corrente [account] 0005656/1

 

Should the Parties need more than ten (10) calendar days from the issuance of the invoices for payment thereof, such request shall be communicated in advance so that the Secretariat and the Financial Department are able to make the relevant arrangements.

 

EXHIBIT: Simulated Calculations: General Rule and Segregation

Only as example, an arbitration in which the Claimant states the amount of two million reals (R$ 2,000,000.00) for its claims, and the Respondent, in its answer to the request for commencement of proceedings, presents counterclaims in the amount of one hundred million reals (R$100,000,000.00), the Arbitration Expenses shall be charged as follows:

General Rule 

AUpon application of the general rule, one shall consider the total amount in dispute stated by the Parties, that is, one hundred two million reals (R$102,000,000.00). Thus, the amounts of the administrative fees and arbitrators’ fees of a three-arbitrator tribunal would be as stated below:

Amount of the Claim

R$102.000.000,00

Administrative fees: R$ 261,980.00

Amount of administrative fees per Party
R$129.990,00 + (0,0500%) x (R$ 102.000.000,00 – R$ 100.000.000,00) = R$130.990,00

Arbitrators’ Fees: R$806,850.00

Amount of one Arbitrator’s fees
R$267.750,00 + (0,0600%) x (R$ 102.000.000,00 – R$ 100.000.000,00) = R$268.950,00
Amount for 3 arbitrators
3 x R$268.950,00 = R$806.850,00
Amount of Arbitrators’ Fees owed per Party
R$806.850,00 ÷ 2 = R$403.425,00


Segregation

Upon Segregation of claims, one shall consider the amount in dispute of R$2,000,000.00 for the Claimant and R$100,000,000.00 for the Respondent. Thus, the amounts of the administrative fees and arbitrators’ fees of a three-arbitrator tribunal, would be as stated below:

Claimant’s Amount of the Claim

R$2.000.000,00

Administrative fees owed by Claimant: R$ 52,500.00

Amount of Administrative fees owed per Party

R$ 52.500,00

Arbitrators’ fees owed by Claimant: R$ 236,250.00

Amount per arbitrator

R$ 78.750,00

Amount for 3 arbitrators

3 x R$ 78.750,00 = R$ 236.250,00

Amount of Arbitrators’ Fees owed per Party

R$ 236.250,00 = R$ 236.250,00

***

Respondent’s Amount of the Claim

R$100.000.000,00

Administrative fees owed by Respondent: R$ 128,240.00

Amount owed per Party

R$ 93.240,00 + (0,0700%) x (R$ 100.000.000,00 – R$ 50.000.000,00) = R$ 128.240,00

Arbitrators’ Fees owed by Respondent: R$796,500.00

Amount per arbitrator

R$ 220.500,00 + (0,0900%) x (R$ 100.000.000,00 – R$ 50.000.000,00) = R$ 265.500,00

Amount for 3 arbitrators

3 x R$ 265.500,00 = R$ 796.500,00

Amount of Arbitrators’ Fees owed per Party

R$ 796.500,00 = R$ 796.500,00

Failure to comply in situations involving Segregation

Upon stipulation of Segregation, in the event of default by either Party, Article 12.10 of the Rules shall apply, and the innocent Party shall be responsible for supplementing the administrative fees applicable to the amount stated by it.

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