CALCULADORA E TABELA DE DESPESAS
Para acessar a Tabela de Despesas 2019, em vigor a partir de 1º de janeiro de 2019, clique aqui
Em cumprimento ao disposto no artigo 12.1 do Regulamento do Centro de Arbitragem e Mediação da Câmara de Comércio Brasil-Canadá (“CAM-CCBC”), fica estabelecida a seguinte tabela de taxas administrativas, honorários de árbitros e demais despesas dos procedimentos arbitrais (“Tabela de Despesas”), em vigor a partir de 1º de janeiro de 2017.
A taxa de administração, honorários dos árbitros, honorários de peritos e fundo de despesas e qualquer outra despesa relacionada (“Despesas da Arbitragem”) serão sempre provisionadas por fatura ou commercial invoice emitida pelo setor financeiro (“Setor Financeiro”) da Câmara de Comércio Brasil-Canadá (“CCBC”), que se encarregará do recebimento, alocação e pagamentos.
Para fins desta tabela, nas arbitragens em que haja múltiplas Requerentes ou Requeridas, os valores devidos serão rateados entre os componentes do mesmo polo (polo requerente ou polo requerido).
Toda e qualquer referência a “Requerente” ou “Requerida” nessa Tabela de Despesas se entenderá aplicada ao polo requerente ou ao polo requerido, respectivamente, em caso de arbitragem com múltiplas partes. Do mesmo modo, “Requerente” ou “Requerida” poderão também ser denominadas “Parte” ou, em conjunto, “Partes”.
I. I. Registration Fee (art. 4.2 and 12.5 of the CAM-CCBC Rules
Value: Four thousand reais (R$ 4,000.00), non-compensable or refundable.
Responsible for payment: Claimant.
Deadline for payment: The proof of deposit must be presented together with the Request for Arbitration.
Method of payment: Bank deposit (see ‘XI – Payment Form’).
II. Administrative Fee per Party (art. 12.2, 12.3 and 12.3.1 of the CAM-CCBC Rules)
| Value in Dispute (R$) |
Administrative fee per Party |
||||||
|---|---|---|---|---|---|---|---|
| – | 4,000,000 | 50,000 | |||||
| 4,000,000 | to | 10,000,000 | 50,000 | + | 0,100000% | of the value above | 4,000,000 |
| 10,000,000 | to | 18,000,000 | 56,000 | + | 0,090000% | of the value above | 10,000,000 |
| 18,000,000 | to | 50,000,000 | 63,200 | + | 0,080000% | of the value above | 18,000,000 |
| 50,000,000 | to | 100,000,000 | 88,800 | + | 0,070000% | of the value above | 50,000,000 |
| 100,000,000 | to | 150,000,000 | 123,800 | + | 0,050000% | of the value above | 100,000,000 |
| 150,000,000 | to | 300,000,000 | 148,800 | + | 0,005000% | of the value above | 150,000,000 |
| 300,000,000 | to | 500,000,000 | 156,300 | + | 0,002500% | of the value above | 300,000,000 |
| 500,000,000 | to | 1,000,000,000 | 161,300 | + | 0,001250% | of the value above | 500,000,000 |
| 1,000,000,000 | – | 167,550 | + | 0,000625% | of the value above | 1,000,000,000 | |
Responsible for provisioning: Claimant and Respondent.
Deadline for provisioning: Claimant: within thirty (30) days of the submission of the Request for Arbitration. Respondent: within forty-five (45) days counted from the Notice on the Request for Arbitration.
Provisioning form: The Financial Department will issue an invoice or commercial invoice for payment (see ‘XI – Payment Form’).
III. Arbitrators’ Fees (art. 12.7 of the CAM-CCBC Rules)
| Value in Dispute (R$) |
‘Unit for Calculation of Arbitrators’ Fees’
(R$ + % of the difference) |
||||||
|---|---|---|---|---|---|---|---|
| – | 2,000,000 | 75,000 | |||||
| 2,000,000 | a | 4,000,000 | 75,000 | + | 1,250000% | of the value above | 2,000,000 |
| 4,000,000 | a | 10,000,000 | 100,000 | + | 0,900000% | of the value above | 4,000,000 |
| 10,000,000 | a | 18,000,000 | 154,000 | + | 0,300000% | of the value above | 10,000,000 |
| 18,000,000 | a | 50,000,000 | 178,000 | + | 0,100000% | of the value above | 18,000,000 |
| 50,000,000 | a | 100,000,000 | 210,000 | + | 0,090000% | of the value above | 50,000,000 |
| 100,000,000 | a | 150,000,000 | 255,000 | + | 0,060000% | of the value above | 100,000,000 |
| 150,000,000 | a | 300,000,000 | 285,000 | + | 0,040000% | of the value above | 150,000,000 |
| 300,000,000 | a | 500,000,000 | 345,000 | + | 0,030000% | of the value above | 300,000,000 |
| 500,000,000 | a | 1,000,000,000 | 405,000 | + | 0,025000% | of the value above | 500,000,000 |
| 1,000,000,000 | – | 530,000 | + | 0,020000% | of the value above | 1,000,000,000 | |
Value of the fees of single arbitrator: ‘Unit of Calculation of Arbitrators’ Fees’, plus 20%.
Value of the fees of Arbitral Tribunal consisting of three arbitrators: 3 times the ‘Unit of Calculation of Arbitrators’ Fees’, and the Chairman of the Arbitral Tribunal will receive the amounts corresponding to ‘Unit of Calculation of Arbitrators’ Fees’ plus 20%. The remaining arbitrators will receive the remainder of the amount equally divided, that is, each will receive the ‘Unit of Calculation of Arbitrators’ Fees’, discounted in 10%.
Responsible for provisioning: The total amount owed as fees will be apportioned, at a fraction of 50% each, between Claimant and Respondent.
Deadline for provisioning: Claimant: within thirty (30) days from the submission of the Request for Arbitration. Respondent: within forty-five (45) days counted from the Notice on the Request for Arbitration.
Provisioning form: The Financial Department will issue an invoice or commercial invoice for payment (see ‘XI – Payment Form’).
IV. Value in dispute for purposes of calculation of administrative fees and arbitrators’ fees
The value of the dispute shall be the sum of the request(s) of the Party(ies).
The amounts shall not be added in the cases of (i) mere claim of inadmissibility of the other Party’s request, or (ii) a mirror request, understood as one that is already contained or reflected in the request of the other Party. In this last hypothesis, the highest estimated value of the mirror request will be adopted.
In case of doubt, the Administration of the CAM-CCBC or the Arbitral Tribunal will decide the matter.
When a counterclaim is made, either Party may request the segregation of the amount in dispute for the purpose of payment of the administrative fee and arbitrators’ fees. Therefore, Claimant and Respondent will be fully responsible for the payment of the amounts related to their respective requests.
Requests for segregation in which administrative fees and arbitrators’ fees owed by the Party requesting segregation are higher than those that would be collected under the general rule (sum of the amounts of the Parties’ requests) will not be processed.
At any time and based on the documents and claims presented by the Parties, the CAM-CCBC Board of Directors may reassess the value of the dispute. In the event of an increase in the value of the dispute, the Parties shall complement the amounts due as administrative fee and/or arbitrators’ fees. Likewise, in case of a decrease in the amount, the CCBC will make the refunds due. The reassessment may be requested at the suggestion of the Arbitral Tribunal or independently of it.
V. Expense fund (art. 12.6.1 and 12.8 the CAM-CCBC Rules)
Value: The Secretariat will request the provisioning of the expense fund that proves adequate to the procedure, and the initial provisioning will be, unless advised otherwise by the Secretariat, in the minimum amount of R$ 10,000.00.
The CAM-CCBC Secretariat will request the provisioning of the Claimant’s expense fund and, if there is an answer as provided in art. 4.3 of the CAM-CCBC Rules, also of the Respondent’s.
Responsible for Provisioning: Claimant and Respondent.
Deadline for provisioning: The Secretariat will request the issuance of invoices for provisioning whenever necessary to defray the expenses of the Arbitration. In the event that the Parties require more than ten (10) consecutive days from the issuance of the invoices for their payment, the request must be informed in advance so that the Secretariat and the Financial Department can adjust their practices.
Provisioning Form: The Financial Department will issue an invoice or commercial invoice for payment (see ‘XI – Payment Form’).
VI. Procedure for collection and default of Arbitration Expenses (article 12.10 a 12.12 of the Rules)
Any and all value owed as a result of this table will be considered “Arbitration Expenses”, and in the event of default of any value, the Secretariat will adopt the procedure set forth in Administrative Resolution 13/2015 (click here).
VII. Experts’ fees (article 12.12.1 of the Rules)
Value: As per proposal of fees.
Responsible for provisioning: As determined by the Arbitral Tribunal.
Deadline for provisioning: The experts’ fees shall be deposited by the Parties in their entirety before the commencement of the expert’s work, as determined in Article 12.12.1 of the Rules. Unless otherwise determined by the Arbitral Tribunal, the advance payment of experts’ fees does not depend on the form of payment submitted by the expert.
Provisioning Form: The Financial Department will issue an invoice or commercial invoice for payment (see ‘XI – Payment Form’).
VIII. Special Committee (art. 5.4 and 12.13 of the CAM-CCBC Rules)
|
Range (R$)
|
Fees per arbitrator (R$)
|
||
|---|---|---|---|
|
1.00
|
900,000.00
|
450.00
|
per hour |
|
900,001.00
|
1,800,000.00
|
500.00
|
per hour |
|
1,800,001.00
|
3,600,000.00
|
550.00
|
per hour |
|
Above 3,600,001.00
|
600.00
|
per hour | |
Minimum Fees: Each member of the committee shall be entitled to ten (10) minimum hours of work.
Surplus Hours: Any surplus hours may be charged at the request of any of the members of the committee.
Responsible for provisioning: Except where expressly provided otherwise, the fees will be provided by the Party which instigated the incident
Deadline for provisioning: The Chairman of the CAM-CCBC will set in a Dispatch the period of five (5) days for provisioning, otherwise the incident will be extinguished.
Provisioning Form: The Financial Department will issue an invoice or commercial invoice for payment (see ‘XI – Payment Form’).
Payment of the fees to arbitrators and experts may be made to the individual or through a professional company of which the arbitrator and/or expert are part of, provided that it is comprised by its corporate purpose.
In case the payment of the arbitrator and/or expert is made to the individual, the professional must present this information as soon as the commitment in the arbitration procedure is taken.
In case of collection through individual, the Parties shall bear the reflexive social security charge that will be collected by the CCBC (source of payment for the account and order of the Parties) (Article 22, I, of Law 9,876/99).
Likewise, in the case of payment of fees by remittance abroad, the Parties shall bear the taxes and bank fees, in accordance with the legislation.
The regime for receiving the fees chosen by the arbitrator or expert, be it legal entity, individual or remittance abroad, will remain in force until the end of the arbitration in course.
X. Role of the CAM-CCBC as appointing authority
In the event that the Chairman of the CAM-CCBC acts as the nominating authority in arbitration proceedings, ad hoc mediation or dispute boards, the amount of six thousand reais (R$ 6,000.00) will be charged. The Financial Department will issue an invoice or commercial invoice for payment (see ‘XI – Payment Form’).
The Financial Department is in charge of the issuance of invoices[?] or commercial invoices to pay the Arbitration Expenses.
All expenses are calculated in Reais (R$), the currency of the Federative Republic of Brazil.
In case the parties estimate the value of the controversy in foreign currency, the Financial Department will make the conversion into Reais (R$), considering the exchange rate of the date of the Arbitration Request protocol.
If necessary, the Financial Department will request the necessary completions or make any refunds considering the amount received in Reais (R$).
In all cases, the Parties shall bear the taxes and bank charges.
The registration fee must be deposited in the account below:
Banco Bradesco S.A. (237)
Branch 7890
Chamber of Commerce Brazil-Canada
CNPJ (National Registry of Legal Entities) 43.737.840/0001-44
Current Account 0005656/1
ANNEX: Simulated Calculations: General Rule and Segregation
As an example, an arbitration in which the Claimant indicates to its requests the value of two million Reais (R$ 2,000,000.00) and the Respondent in the response to the request for arbitration submits opposing requests corresponding to the value of one hundred million Reais (R$ 100,000,000.00), the Arbitration Expenses will be charged as follows:
General Rule
Applying the general rule, the total disputed value indicated by the Parties, that is, one hundred and two million reais (R$ 102,000,000.00), shall be considered. Thus, the administrative fees and the arbitrators’ fees (three arbitrators’ tribunal) would be as follows:
|
Dispute Value
|
|
R$102,000,000.00
|
Administrative Fee: R$249,600.00
| Value of Administrative Fee per Party | ||||
|---|---|---|---|---|
| R$118,000.00 | + | (0.0500%) x (R$102,000,000.00 – R$100,000,000.00) | = | R$124,800.00 |
Arbitrators’ Fees: R$768,600.00
| Value of Fees for one Arbitrator | ||||
|---|---|---|---|---|
| R$255,000.00 | + | (0.0600%) x (R$102,000,000.00 – R$100,000,000.00) | = | R$256,200.00 |
| Value for 3 arbitrators | ||||
|
3
|
x
|
R$256,200.00
|
=
|
R$768,600.00
|
| Value of Arbitrators’ Fees owed per Party | ||||
|
R$768,600.00
|
÷
|
2
|
=
|
R$384,300.00
|
Segregation
Applying the Segregation of the requests, the dispute amount of R$ 2,000,000.00 will be considered for the Claimant and R$ 100,000,000.00 for the Respondent. Thus, the administrative fees and arbitrators’ fees (three arbitrators’ tribunal) would be as follows:
|
Value of Dispute of Claimant
|
|
R$2,000,000.00
|
Administrative Fee Owed by the Claimant: R$50,000.00
| Value of Administrative Fee owed per Party |
|
R$50,000.00
|
Arbitrators’ Fees Owed by the Claimant: R$225,000.00
| Value per arbitrator |
|
R$75,000.00
|
| Value for 3 arbitrators | ||||
|
3
|
x
|
R$75,000.00
|
=
|
R$225,000.00
|
| Value of Arbitrators’ Fees owed per Party | ||||
|
R$225,000.00
|
|
|
=
|
R$225,000.00
|
***
|
Value of Dispute of Respondent
|
|
R$100,000,000.00
|
Administrative Fee Owed by the Respondent: R$123,800.00
| Value owed per Party | ||||
|---|---|---|---|---|
| R$88,800.00 | + | (0.0700%)x(R$100,000,000.00-R$50,000,000.00) | = | R$123,800.00 |
| Value per arbitrator | ||||
|---|---|---|---|---|
| R$210,000.00 | + | (0.0900%)x(R$100,000,000.00-R$50,000,000.00) | = | R$255,000.00 |
| Value for 3 arbitrators | ||||
|
3
|
x
|
R$255,000.00
|
=
|
R$765,000.00
|
| Value of Arbitrators’ Fees owed per Party | ||||
|
R$765,000.00
|
|
|
=
|
R$765,000.00
|
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