This standard aims to provide the rules on the criteria and procedures adopted by the ADR Financial Management (CAM-CCBC Financial Area), referring to the billing the Parties, as per the amounts established in the CAM-CCBC Rules and Table of Expenses.
This standard applies to all Parties defined in the Proceedings under the CAM-CCBC – Center for Arbitration and Mediation of the Chamber of Commerce Brazil/Canada.
3. Definitions and concepts
- Billing: method of provision of values adopted by the CCBC for the purpose of administering ADR procedures;
- ADR – Alternative Dispute Resolution: alternative or appropriate methods of conflict resolution. Examples of ADRs include: Arbitration, Mediation, Domain Name Registration Controversies, and other dispute resolution methods;
- Parties: any person (individual or legal entity) who is a party to an ongoing proceeding for the resolution of controversies;
- Amounts provided for: administration fee, fees, expense fund and expert examination.
The Billing Method premises are as follows:
- The provisioning of those amounts indicated in the applicable Table of Expenses and provided for by the Parties;
- The issuance of collection notes in the currency valid within the Federative Republic of Brazil (Real).
5. Billing method
The Parties shall be informed, by their counsels, of the billing method adopted:
- Each Claimant and Respondent, as parties to the two (2) sides of the proceedings shall receive the collection note for the part of the amounts owed¹, unless otherwise stipulated in the arbitration clause, by determination of the President of the CAM-CCBC or the Arbitral Tribunal;
- The values owed for each side of the proceedings shall be equally apportioned among all the Parties thereto;
- The corporate name and CNPJ (Corporate Taxpayers’ Registry) used for billing shall be those indicated in the documents presented by the Parties;
- The note and the respective bank slip shall be issued and sent electronically to the Parties’ counsels;
- Bank slip is the instrument adopted by the CAM-CCBC for the receipt of the amounts charged;
- Deposits shall not be accepted, except upon specific authorization from the CAM-CCBC Secretariat. Authorized deposits shall be acknowledged by the CCBC only after it being received via e-mail and its identification.
¹As per the CAM-CCBC Rules and applicable Table of Expenses, available at www.ccbc.org.br
5.1 Parties domiciled abroad
As per the requirements issued by banking institutions, the number registered in the CNPJ or in the Individual Taxpayers’ Registry (CPF) is mandatory for the issuance of a bank slip.
For Parties domiciled abroad and who, consequently, have no number registered in the CNPJ or CPF, the billing shall be issued considering the international remittance, as CCBC terms of payment.
Alternatively, and when indicated by the Parties within the time-period mentioned in item 6, payment may be made in Brazil, provided that one of the persons responsible for payment are:
- The Party’s representative in Brazil;
- The counsel in Brazil.
5.2. Amount in dispute in foreign currency
In the cases of statement of the amount in dispute in foreign currency, the exchange rate for conversion into Real shall be the one of the date the proceeding is protocoled at CAM-CCBC.
6. Change of billing method
The Parties may request changes to the billing method indicated (item 5 and sub-item
5.1), provided that:
- The demand for change be submitted within up to three (3) business days from the filing of the request to start proceedings with the CAM-CCBC
(Requesting/Demanding Party), or from the filing of the answer (Requested/Demanded Party);
- Should the demand for change of the billing method be granted by the Secretariat of CAM-CCBC, the direction shall apply in all future billings relative to the proceedings.
In the absence of any manifestation within the indicated time-period, the billing method described in item 5 shall apply.
Doubts not clarified in this Standard shall be sent to the ADR Financial Management, by email to: [email protected], or by telephone (11) 4058-0414.