TABLE OF EXPENSES
1. FILING FEE
The filing fee shall be paid by the Requesting Party, on the date of request to commence mediation proceedings, in the amount of two thousand reals (R$2,000.00), which are not subject to offsetting.
2. ADMINISTRATIVE FEE
The proceedings’ administrative fee shall be paid by the Parties, as per the table below, based on the amount in dispute.
The Parties shall each fully pay the administrative fee. In mediations with multiple Parties, the amounts shall be prorated between those on the same side.
Invoices for payment of the administrative fee shall be remitted by the CCBC, and payment shall be made within no more than five (5) days, which may be postponed for another five (5) days upon request of the Party. Payment shall be made before the meeting for execution of the Terms of Reference (Art. 9.3 of the Rules).
If the Terms of Reference are not executed, ninety percent (90%) of the amount provisioned by the Parties shall be returned.
3. MEDIATOR’S FEES
Mediator’s fees shall be paid by the Parties in accordance with the table below, based on the amount in dispute.
The Parties shall, each, pay fifty percent (50%) of the mediator’s fees. In mediations with multiple Parties, the amounts shall be prorated between those on the same side.
Invoices for payment of the mediator’s fees, on an estimated minimum of twenty (20) hours, shall be remitted by the CCBC, and payment shall be made within up to five (5) days, which may be postponed for another five (5) days upon request of the Party. Payment shall be made before the Meeting for execution of the Terms of Reference (Art. 9.3 of the Rules).
If the Terms of Reference are not executed, the fees shall be reimbursed, upon a discount of the hours spent at the Mediation meeting.
Simultaneously with the execution of the Terms of Reference and whenever needed, the mediator shall estimate the number of hours incurred, so that the CCBC arranges for the provisioning, by charging a supplementary amount.
4. AMOUNT IN DISPUTE
The amount in dispute shall be set by the Parties, considering the economic interest discussed in the mediation.
If the amount in dispute is unknown or if the Parties disagree thereon, the Secretariat of the CAM-CCBC shall set the amount in dispute for purposes of calculation of the administrative fee and the mediator’s fees.
The expense fund corresponds to the provisioning of expenses incurred with the remittance of documents, copies, printouts, hiring of suppliers for support at meetings, travels, accommodation, among others. The expenses are charged based on their cost amount, without any additional sums, except for the taxes that may incur on reimbursement thereof.
The Secretariat shall request that the Parties pay in advance the estimated expenses by the date of execution of the Terms of Reference.
Following the execution of the Terms of Reference, the Secretariat of the CAM-CCBC may request the payment of a supplementary amount.
6. PAYMENT TO THE MEDIATOR
If payment is to be made to the mediator as an individual, the Parties shall bear the amount of the corresponding social-security charges, or any other charges that might incur, and which CCBC shall pay (source of payment), as the entity in charge of taxes (Art. 22, I of Law 9,876/99).
Likewise, Participants shall bear their respective taxes and bank charges in the event of remittance of sums abroad.
Any payment to the mediator will only be made by CCBC after the due provisioning thereof by the Parties.
In the event of co-mediation, all mediators shall receive their fees in full, under the terms of this table.
8. INTERPRETATION AND APPLICATION OF THE TABLE
The President of the CAM-CCBC shall resolve any disputes connected with the interpretation and application of this table.
9. PAYMENT METHODS
The Financial Sector is responsible for issuing invoices or commercial invoices for payment of Mediation Expenses.
All expenses are calculated in Reais (R $), currency of the Federative Republic of Brazil.
If the parties estimate the amount of the dispute in foreign currency, the Financial Sector will perform the conversion to Reais (R $), considering the exchange rate of the date of the Protocol of Mediation Request.
If necessary, the Financial Sector will request the appropriate supplements or make any returns considering the amount received in Reais (R $).
In all cases, the Parties will bear the bank taxes and fees.
The registration fee must be deposited to the account below:
Banco Bradesco S.A. (237) [bank]
Agência 3114-3 [branch]
Câmara de Comércio Brasil-Canadá
CNPJ 43.737.840/0001-44 [Brazilian social security number]
Conta corrente 641656/0 [bank account]
Should the Parties need more than ten (10) calendar days from the issuance of the invoices to make payment, such request shall be made in advance so that the Secretariat and the Financial Department are able to adapt their practices in order to proceed accordingly.