Administrative Resolution No. 11/20

USE OF THE ADMINISTRATION FEE FOR MEDIATION PROCEDURES IN SUBSEQUENT ARBITRATION PROCEEDING BETWEEN THE SAME PARTIES

USE OF THE ADMINISTRATION FEE FOR ARBITRATION IN MEDIATION PROCEDURES IN SUBSEQUENT ARBITRATION PROCEEDING BETWEEN THE SAME PARTIES, ESTABLISHED DURING THE ARBITRATION

The President of CAMARB – Business Mediation and Arbitration Chamber – Brazil, vested on his duties set forth in the Bylaws, and

WHEREAS the provisions of the Business Mediation Rules of CAMARB, in force since May 7, 2018;

WHEREAS, for the commencement of institutional mediation administered by CAMARB, the claimant shall make a non-refundable deposit of 50% (fifty percent) of the Administration Fee, and the respondent shall make a non-refundable deposit of the remaining 50% (fifty percent) of the Administration Fee when expressing itself on the request for mediation.

Resolves:

  1. The amounts disbursed by the parties as Administration Fees in mediation proceedings shall be deducted from the amount of the Administration Fee in any subsequent arbitration proceeding, subject to the following:
  2. when only the party requesting mediation pays the Administration Fee for the proceedings, that amount shall be deducted from the amount due by it as the Administration Fee for the commenced arbitration proceeding;
  3. when both parties to the mediation pay the Administration Fee for the proceedings, that amount shall be deducted from the total amount due by the parties as the Administration Fee for the commenced arbitration proceeding;
  1. The use of the Administration Fee is linked to the commencement of arbitration proceeding, the subject matter of which is related to the same contract and the same parties.
  1. In the event that the parties jointly decide to suspend or terminate the arbitration proceeding to commence mediation proceedings, they shall be released from the payment of the mediation Administration Fee which, in that case, shall be replaced by the arbitration Administration Fee that has already been paid. Such exemption shall apply only to the party that has paid the Administration Fee for the arbitration proceeding.
  1. If the amount paid by the parties for the Administration Fee of the mediation proceeding exceeds the amount of the Administration Fee due in the arbitration proceeding, such amount shall not be refunded to the parties, so that the discount shall be applied up to the amount of the Administration Fee of the arbitration proceeding.
  1. The provisions of this Resolution do not apply to fees of arbitrators, mediators or advance of expenses.
  1. The provisions of this Resolution shall apply to procedures requested as from this date.
  1. Item 1.2.2[1]  of the Mediation Costs and Expenses Table, in force on this date, is hereby revoked.

Belo Horizonte, May 13, 2020.

Augusto Tolentino Pacheco de Medeiros
President of CAMARB

[1] 1.2.2 If the respondent does not answer to the request or refuses to participate in the mediation and the claimant or the set of claimants commences an arbitration proceedings before CAMARB, the amount deposited as Administration Fee for the mediation shall be deemed to be the registration fee for the arbitration.