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.
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$)||Administrative Fee (R$)|
|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|
1. 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;
2. 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;
3. 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;
4. 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;
5. 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;
6. 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.
The ordinary expenses, considered as those resulting from determinations of the Arbitral Tribunal, will be apportioned between the parties, and the Secretariat may request a deposit in an advance.
It is the payment to the arbitrators, owed because of their activity in the arbitral proceedings. Since July 1st of 2017, the amount of the arbitrator’s fee is set at R$850,00 (eight hundred and fifty reais) per hour worked.
Observation: The Secretariat may request a deposit from the parties as an advance of the amounts due.
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.
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.