Costs and Fees
The administrative and arbitrators’ fees shall be charged according to the Table of Expenses below, in addition to other provisions set forth by the Arbitration Rules, arbitration agreement and Terms of Reference.
Administrative fees
This is the administrative fee for the arbitration proceeding owed to the Arbitration Chamber. Its value varies due to the amount of the claim stipulated in the arbitration, and must be paid per month or fraction, from the beginning of the procedure until the final arbitral award, according to the table below:
Amount in Dispute (R$) | Administrative Fee (R$) |
---|---|
until 100.000,00 | 1.000,00 |
100.000,00 to 500.000,00 | 1.500,00 |
500.000,01 to 1.000.000,00 | 2.000,00 |
1.000.000,01 to 10.000.000,00 | 2.500,00 |
from 10.000.001,00 | 3.000,00 |
Observations:
- The administrative fee is due in full by each party of the arbitral proceeding. In case of multiple parties, each party must bear the administrative fee, unless it is represented by the same law firm. In these cases, a single fee will be charged on the parties;
- If the amount in dispute is unknown or cannot be estimated, the minimum fee of the Table of Expenses shall be applied. The amount in dispute may be estimated or determined in the course of the arbitral proceeding, upon which a complementation of the administrative fee may be in order;
- The value of the counterclaims shall be added to the value estimated at the request for arbitration in order to calculate the administrative fee. The Chamber will not process the counterclaims if the party submitting it is found to be in default. In the event of default by the requesting party, only the counterclaims will be processed;
- The initial fees collected under item 2.1.1 of the Arbitration Rules will not be refundable, even in case of withdrawal of all claims;
- The decision on the fees is the exclusive competence of the President of the Arbitration Chamber, except in the cases in which it considers the intervention of the arbitral tribunal to be pertinent;
- The Arbitration Chamber, with possible assistance from the arbitral tribunal, may review the amount of the dispute indicated by the parties, for the purposes of setting the amount of the fees.
Ordinary expenses:
The ordinary expenses, considered as those resulting from hearings or determinations of the Arbitral Tribunal, will be apportioned between the parties, and the Secretariat may request a deposit in an advance.
Arbitrator’s fees
It is the payment to the arbitrators, owed because of their activity in the arbitral proceedings. Since July 1st of 2023, the amount of the arbitrator’s fee is set at R$1.200,00 (one thousand two hundred reais) per hour worked, for arbitration proceedings that sign the Term of Arbitration as of this date.
Observation:The Secretariat may request a deposit from the parties as an advance of the amounts due.
Challenge Committee fees
It is the remuneration due as arbitrator’s fees to the President and Vice-Presidents of the Market Chamber for decisions on challenges to the Arbitrators appointed, according to item 3.12 of the Arbitration Rules, as well as to the members of the list of arbitrators of the Market Chamber appointed to replace the President or Vice-Presidents in the Challenge Committee due to the impediment conditions provided at CAM Resolution No. 01/2021.
Observations:
- The amount of the Challenge Committee fees is set at R$ 15,000.00 (fifteen thousand reais) per challenged arbitrator, divided equally among the members of the Committee.
- The Secretariat may request a deposit from the party(ies) that present(s) the challenge as an advance of the amounts due.
- The challenge will only be submitted to the Challenge Committee after the payment of the Challenge Committee fees.
- The transfer of arbitration fees to the members of the Challenge Committee will be carried out by the Secretariat after the Decision on the challenge formulated in the case file has been rendered.
Expert fees
It is the remuneration of experts for the work carried out in the arbitral proceeding. The arbitral tribunal shall determine the amount, method and which party will be responsible for payment.
Attorney’s fees
It is the remuneration directed to the lawyers or attorneys of each party. It will be up to the parties to agree in the Terms of Reference the procedure to be adopted regarding the payment of attorney’s fees.