Excellence in the administration of extrajudicial procedures for preventing and resolving business conflicts

Schedule of Costs, Expenses and Remuneration of Committee Members

In compliance with the provisions of items 11.2.”d”, 11.2.”e” and item 17.3 of the CAMARB Rules, the following Schedule of Costs and Expenses of the Dispute Prevention and Resolution Committee is hereby established, in force from the date of its publication.

 

I. Registration Fee

1.1 When requesting the establishment of the Dispute Prevention and Resolution Committee, the Parties must present, in accordance with item 17.1 of the Rules, proof of the Registration Fee, currently set at R$4.000,00 (four thousand reais).

1.2 The Registration Fee is non-refundable.

 

II. Monthly Administrative fee

2.1 The Administrative fee will be charged monthly and borne equally between the Parties, unless another method of apportionment is agreed upon by them in the Instrument of Incorporation, from the month of the Constitution of the Committee until the month of its dissolution, currently set at R$2.500,00 (two thousand and five hundred reais).

2.2 The Administrative fee is non-refundable.

 

III. Appointment of Committee member by CAMARB

3.1 Under item 3.4 of the Rules, the Parties must collect the service fee for the purpose of nominating a Committee member by the CAMARB Board of Directors, currently set at R$5.000,00 (five thousand reais) per member, to be borne equally by the Parties, unless otherwise agreed by them.

 

IV. Decision to Challenge a Committee Member

4.1 Under item 3.10 of the Rules and articles 19 and 20 of the CAMARB Bylaws, in the event of a challenge to a Committee member to be decided by the CAMARB Board of Directors, the Parties must collect a service fee in the amount of R$5.000,00 (five thousand reais), per member, to be borne equally by the Parties, unless otherwise agreed by them.

 

V. Daily remuneration of Committee members (“Daily Fees”)

5.1 Under item V.2.1 of Annex I, the Parties shall collect the daily remuneration of the Committee members, currently set at R$5.000,00 (five thousand reais) per member, to be borne equally between them.

5.2 The daily remuneration of the Committee members will be due for meetings, site visits, hearings, travel and travel, internal meetings or extraordinary proceedings, preparation of Decisions, Recommendations or Informal Assistance, calculating the number of daily allowances required for each procedure.

5.3 Unless otherwise agreed between the Parties and the Members, the Committee shall stipulate the number of daily allowances required for the preparation of a Recommendation or Decision or Informal Assistance, up to a maximum of 10 (ten) daily allowances.

 

VI. Monthly remuneration of Committee members (“Monthly fees”)

6.1 Under item V.3 of Annex I, the Parties shall collect the monthly remuneration of the Committee members, currently set at R$10.000,00 (ten thousand reais) per member, to be borne equally by the Parties, unless otherwise agreed by them.

6.2 The monthly remuneration of the Committee members will be due from the signing of the Instrument of Incorporation until their respective termination.

6.3 Unless otherwise provided, the monthly fees must be at least twice the daily fees and must be paid upon signing the Instrument of Incorporation until its respective end.

Term of Incorporation until its respective end.

 

VII. Administrative expenses

7.1 Any expenses that are necessary for the Committee to conduct the procedure, such as those related to mail, photocopies, long-distance calls, food, equipment rental and meeting space, hiring of translators or other suppliers to support due diligence, among others, are not included in the Administrative fee. These expenses, if necessary or required, will be paid separately. To this end, CAMARB will request the Parties to make a provision for the amount, which will be borne equally between them, unless otherwise agreed.

7.2 Once the Instrument of Incorporation has been signed, the parties must advance, as administrative expenses, the minimum amount of R$10.000,00 (ten thousand reais), with each Party being responsible for depositing half of this amount, unless otherwise agreed between the Parties.

7.3 If it becomes necessary to supplement the amount relating to administrative expenses during the operation of the Committee, CAMARB will notify the Parties so that they can make a new advance payment.

7.4 CAMARB will be responsible for refunding any excess amounts when the Committee is dissolved.

 

VIII. General Provisions

8.1 The daily and monthly fees of the Committee members, provided for in items V and VI above, as applicable, shall be paid by the Main Parties by the 10th day of each month following that in which the payment is being made, upon submission of the payment document by the Committee Members. Unless otherwise provided, agreed or provided for by law, the Parties shall bear the monthly fees of the Committee members in the proportion of 50% (fifty percent) for each pole.

8.2 The amounts of fees will be adjusted by the variation of the IGP-M (the Brazilian Inflation index – or another index defined by the parties), every 12 (twelve) months, counting from the signing of the Instrument of Incorporation.

8.3 Expenses incurred by Committee Members, pursuant to item 17.3 of Annex I, will be reimbursed within 30 (thirty) days, upon presentation of the respective receipts.

8.4 In the event of delay in payment for more than 60 (sixty) days by any of the Main Parties of the expenses or fees of the Committee Members, within the time and amounts stipulated in the Instrument of Incorporation, the latter may suspend its services until payment is made. The suspension for non-payment may not exceed 90 (ninety) days, after which the Committee shall be dissolved and the Instrument of Incorporation of the Committee shall be considered terminated for all legal purposes, except for the overdue credit of the Committee Members.

8.5 In the event of the preceding item, the procedure may resume if the other Party makes the deposit of the outstanding installment, in accordance with item 17.6 of Annex I.

Search no site

Find professionals, information and news

Professionals