Costs and Expenses
I Administration fee
1.1 The amount of the administration fee shall be due to CAMARB – Business Mediation and Arbitration Chamber – Brazil for its administration services of the mediation proceeding as described in the Mediation Rules.
1.2 The amount of the administration fee shall be defined in accordance with the estimated value of the dispute, which may be revised by the mediator(s) as shown in the table below:
|ADMINISTRATION FEE TABLE (R$)|
|Estimated value of the dispute||Administration fee|
|From 0||to 200.000||1.000|
|From 200.001||to 1.000.000||2.000|
|From 1.000.001||to 10.000.000||5.000|
|From 10.000.001||to 50.000.000||10.000|
|From 50.000.001||to 100.000.000||15.000|
1.2.1 When requesting the setting up of the mediation proceeding, the claimant or the set of claimants shall deposit one-half of the administration fee. This deposit is non-refundable and, therefore, will not be refunded by CAMARB if the respondent does not answer to the request or refuses to take part in the mediation.
1.2.2 If the respondent does not respond to the request or refuses to participate in the mediation and the claimant or the set of claimants commences arbitration proceedings before CAMARB, the amount deposited as administration fee for the mediation shall be deemed to be the registration fee for the arbitration. (Revoked upon the enactment of Administrative Resolution No. 11/20)
1.2.3 When answering the Request for Mediation, according to item 3.6 of the Mediation Rules, the respondent or the set of respondents shall deposit one-half of the administration fee. This deposit is non-refundable.
1.2.4 In case of payment of the total amount of the administration fee by the claimant and respondent parties, the rule provided in item 1.2.2 above shall not apply.
1.2.5 If it is not possible to estimate the value of the dispute, the administration fee will be R$7,000.00 (seven thousand Brazilian Reais).
II Mediator’s Fees
2.1 The mediator(s) fees shall be shared among all parties involved in the mediation, with the claimant or set of claimants bearing one-half of the fees due and the respondent or set of respondents bearing the remainder, unless otherwise established. The amount will be deposited before the execution of the Mediation Contract, in an account appointed by CAMARB, and will be kept by it in escrow for future release to the mediator(s) or refund to the parties, in compliance with the Rules and this Table.
2.2 The mediator(s) fees shall be defined in accordance with the estimated value of the dispute, which may be revised by the mediator(s) as shown in the table below:
|MEDIATOR’S FEES TABLE (R$)|
|Estimated value of the dispute||Mediator’s Fees (per hour)|
|From 0||to 200.000||300,00|
|From 200.001||to 1.000.000||450,00|
|From 1.000.001||to 10.000.000||650,00|
|From 10.000.001||to 50.000.000||800,00|
|From 50.000.001||to 100.000.000||950,00|
2.2.1 If it is not possible to estimate the value of the dispute, the value of the mediator working hour will be R$650.00 (six hundred and fifty Brazilian Reais).
2.3. In any hypothesis, the parties shall pay the amount equivalent to ten (10) working hours of the mediator. The amount related to 5 (five) hours will not be refunded. If all or part of the remaining 5 (five) hours are not used, the remaining balance will be refunded to the parties.
2.4 If the mediation is not concluded within ten (10) hours, at the end of such period the parties shall deposit an amount equivalent to an additional ten (10) hours and so on until the mediation is concluded.
2.5 The hours worked by the mediator(s) shall be computed as those used in the conduct of the mediation sessions, either jointly or individually. The mediator(s) will keep the control of the time.
2.5.1 In case of presentation of written statements or documents by the parties, the hours worked by the mediator(s) for the reading and analysis of such documents shall also be computed. The mediator(s) will keep the control of the time.
2.5.2 If the mediator(s) reside(s) in a city(ies) other than the one in which the mediation sessions will be held, the hours used by the mediator(s) for his/their displacement will also be computed.
III Other Expenses
3.1 Any other additional expenses that may be necessary, such as those related to mail, photocopying, long-distance calls, food, equipment rental and venue for the hearing, fees and travel of experts, assistants, translators and mediators are not included in the Administration fee, and the CAMARB´s Secretariat may request the parties to make an advance payment to cover these expenses.
3.1.1 In locations where CAMARB does not have personnel and infrastructure that can receive the parties in a satisfactory manner, any expenses should be borne by the parties.