1. Objective

This standard aims to provide for the rules on the criteria and procedures adopted by the ADR Financial Management (CAM-CCBC Financial Area) to make payments to Appointed Professionals domiciled outside Brazil and who act in the proceedings
administered by the CAM-CCBC – Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada.

2. Application

This rule applies to all Appointed Professionals domiciled outside Brazil who act in the proceedings administered by the CAM-CCBC.

3. Definitions and concepts

• ADR – Alternative Dispute Resolution: alternative or appropriate methods of dispute resolution. Examples of ADRs include: Arbitration, Mediation, Controversies over Domain Name Registration, and other methods of dispute resolution;
• Parties: any person (individual or legal entity) who is a party to an ongoing proceeding for the resolution of controversies;
• Appointed Professional: arbitrators, mediators, specialists and experts, whoact in the proceedings administered in the resolution of disputes;
• Costs Report: rendering of accounts sent to the parties at the end of the proceedings detailing the financial operations (receipts / revenues and expenses);

4. Premises

The following are premises for the payment of fees and reimbursements of expenses presented by the Appointed Professionals:

• Provisioning of the amounts indicated in the applicable Table of Expenses, and paid by the Parties;
• The appropriate time for payment, defined in the CAM-CCBC Rules, the Table of Expenses, the Administrative Resolutions approved by the CAM-CCBC President,
  the Arbitration Terms of Reference, the Mediation Terms of Reference or, in case of expert examination, as determined by the Arbitral Tribunal¹;

5. Procedure for payment of fees and reimbursement of expenses

The CAM-CCBC Financial Area will make the payments of fees and reimbursement of expenses to the Indicated Professionals, as defined in this Standard.

5.1. Communication and submission of documents

• All electronic communication to CAM-CCBC Financial Area must be sent directly by the Indicated Professional’s e-mail, or by a third party with copy to the Indicated
  Professional.

For reference, please see an example:

5.2. Collection Data

• Data for the issuance of collection as follows:

Câmara de Comércio Brasil-Canadá
Rua do Rocio, nº 220 – 12º andar – cj. 121
04552-000 – Vila Olímpia – São Paulo – SP
CNPJ: 43.737.840/0001-44
Care of CAM-CCBC Financial Area

5.3. Payment of Fees

• Fee Notes

The fee notes may be issued in English or Portuguese, and shall contain the following information:

• The Note’s issuance date;
• Company name (and qualification) of which the Appointed Professional is a member, showing that the services rendered are included in the company purpose;
• Full address;
• Proceedings Number;
• Complete name of the Appointed Professional and his/her position in the Arbitral Tribunal;
• Description of services performed;
• Gross value;
• Tax Rate applicable to the Income Tax (IRRF);
• Net value;
• Bank data for the deposit:

Beneficiary data:
Beneficiary name
Account number
City
Country
Telephone number
Contact person

Bank data:
Beneficiary Bank name
Address bank
Swift code (BIC)
ABA

The withholding rate percentage mentioned in the Note shall be validated by CAM-CCBC Financial Area.

5.3.1. Time-Limit for submission of fee notes

The Appointed Professional shall request the withdrawal of fees up to ten (10) business days from the e-mail sent by the CAM-CCBC Financial Area (Exhibit 01), after the closing of the ADR proceedings.

Examples of closing of proceedings:

• Termination Order;
• Final arbitral award or decision rendered by the Appointed Professional;
• Answer to the request for clarifications; or
• Closing Agreement.

Any delay in the issuance of the Cost Report resulting from the pending withdrawal of the balance of fees, will be informed to the Parties involved, since the delay may imply the postponement of the Cost Report issuance.

5.4. Proceedings Expenses

• Air ticket and accommodation:
  The Appointed Professional shall contact the Secretariat of the CAM-CCBC (represented by the case manager responsible for administering the ADR proceedings) and request the reservations. The cost of air ticket andaccommodation shall be contracted and paid directly by CCBC in Brazil;
• Other proceedings-related expenses:
  The Appointed Professional may request the reimbursement of expenses (except air ticket and accommodation) incurred by him/her, when performing the activities assigned, as per topic 5.5 of this Standard.

Expenses with alcoholic beverages will not be reimbursed.

5.5. Payment of reimbursement of proceedings expenses

The following information shall be included in the letter/request for reimbursement of expenses:

• Date of letter /request for reimbursement;
• Proceedings number;
• Total amount requested to be reimbursed (in the currency of the country of destination of the reimbursement);
• Detailed specification of expenses (as per example below):

• Bank data for deposit;
• Name and signature of the Appointed Professional.

Expense Receipt:

The reimbursement of expenses shall only be made upon presentation of original receipts of the expenses, which should be forwarded to the CAM-CCBC Financial Area, except those generated electronically.

5.5.1. Time-limit for submission of requests for the reimbursement of expense

The balance of the ADR proceedings’ expenses fund is updated daily, upon registration of debits and credits.
To ensure that the proceedings will have enough balance for the reimbursement, the request must be received by the CAM-CCBC Financial Area within ten (10) business
days after the expenses are incurred.

As for the costs incurred at the end of the proceedings, the CAM-CCBC Financial Area will forward e-mail (Exhibit 01) notifying the termination of the proceedings. The
request for a possible refund must be received within ten 10 (ten) business days after the e-mail notifying the termination is sent.

Expenses incurred after the issuance of the Final Cost Report to the Parties shall not be reimbursed.

5.6. Deadline for Payment

The deadline for CCBC to make payments is up to ten (10) business days from the date of receipt of the documents.
The CAM-CCBC Financial Area will email the ‘Notice of Payment Release’ (Exhibit 02)

6. Doubts

Doubts not clarified in this Standard shall be sent to the ADR Financial Management, via email to: [email protected], or by telephone (11) 4058-0414.

7. Exhibits

The following documents are exhibits attached hereto:

• 01 – Template E-mail: Time-Limit for fees and reimbursement of expenses;
• 02 – Template E-mail: Notice of payment release.

MEDIATION
2016-today: CAM-CCBC Mediation Rules | Table of Expenses

2012: CAM-CCBC Mediation Regulation | Table of Expenses

Mediation Terms of Reference: Chapter 10 – Costs, Expenses and Fees, items 10.4 to 10.7

DOMAIN REGISTRATION | DISPUTE BOARDS | APPOINTING AUTHORITY

APPLICABLE STANDARD FOR