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Administrative Guidance No. 01/25

Ref.: REF.: PROCEDURES AND FLOWS OF FINANCIAL TRANSFERS TO ARBITRATORS, MEDIATORS, MEMBERS OF DISPUTE PREVENTION AND RESOLUTION COMMITTEES (“CPRD'S”) AND EXPERTS BY CAMARB
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The Presidency of CAMARB – Chamber of Business Mediation and Arbitration – Brazil, in the exercise of its powers provided for in the Bylaws[1], resolves to issue this Administrative Guideline, which regulates the procedures and flows of financial transfers to Arbitrators, Emergency Arbitrators, Mediators, Members of Dispute Prevention and Resolution Committees (“CPRD's”), Members of Challenge Committees and Experts by CAMARB.

 

(I) General Provisions

1.1. This Administrative Guideline aims to ensure transparency in the procedures and flows of financial transfers, carried out by CAMARB, to Arbitrators, Emergency Arbitrators, Mediators, Members of CPRDs, Members of Challenge Committees and Experts, who act in procedures administered by the Chamber.

1.2. The time frames for payment refer to the moment in which payment of a certain portion of the fees is due to the professional. The pertinent analyses will be made by the General Secretariat of CAMARB in accordance with the CAMARB Rules and Fee Schedules applicable to the specific case, as well as the rules contained in the Arbitration Term (in the case of ordinary arbitration), Commencement Term (in the case of expedited arbitration), Mediation Contract (in the case of mediation), Term of Establishment of the Dispute Prevention and Resolution Committee (in the case of a dispute board), as well as the proposal for expert fees approved by the Arbitration Court.

1.2.1. In the case of ordinary or expedited arbitration, if there is no change to the Arbitration Agreement signed by the Parties, the Arbitration Term or the Commencement Term, the general rule adopted by CAMARB for the time frames for the release of arbitration fees will prevail, which is:

(i) 30% (thirty percent) after the execution of the Arbitration Agreement with the signature of all Parties of the aforementioned document;
(ii) 30% (thirty percent) after the conclusion of the evidentiary investigation, indicated by the Arbitral Tribunal; and
(iii) 40% (forty percent) after the arbitration award has been filed by the Arbitration Court at the CAMARB Secretariat; in the event of a partial award, 20% (twenty percent) of the balance due may be released.

1.2.1.1. In the event of replacement of the Arbitrator during the arbitration proceedings, if there is no agreement otherwise between the Parties and the Arbitral Tribunal, payment of the fees of said Arbitrator will be made in accordance with the parameters indicated above, with the professional being remunerated up to the last time frame in which he/she acted in the proceedings.

1.2.2. The Emergency Arbitrator's fees will be paid in a single installment, after the Emergency Procedure Decision has been filed by the Emergency Arbitrator with the CAMARB Secretariat.

1.2.3. As for the Mediator's fees, the criteria defined in the Mediation Rules[2] and in the CAMARB Schedule of Costss[3], as well as in the Mediation Contract, will be observed. Unless otherwise agreed, the fees will always be paid to the professional upon submission of the hours report totaling 5 (five) hours, when the estimated value of the dispute is up to R$200.000,00 (two hundred thousand reais), or 10 (ten) hours, when the estimated value of the dispute is greater than R$200.000,00 (two hundred thousand reais).

1.2.3.1. In order to prove the hours spent by the mediator, a time report must be presented, and the professional must indicate when he/she is close to completing the guaranteed hours, so that the CAMARB Secretariat can collect a new advance payment from the Parties and initiate the payment procedures, as provided for in this Guideline.

1.2.4. The fees of Members of CPRD Committees will follow the criteria defined in the Rules[4] and in the CAMARB Costs Schedule[5], unless otherwise agreed between the Parties and the Member(s), and are composed of daily fees and monthly fees, paid by the 10th of each month following the month in which the fee is charged, upon submission of the collection document by the said Member(s).

1.2.5. The fees of the Members of the Challenge Committees will be paid, in a single installment, after the decision to challenge has been filed with the CAMARB Secretariat.

1.2.5.1. If the estimated value of the dispute, which is the subject of the challenge assessed by the Committee, exceeds R$10.000.001,00 (ten million and one reais)[6], the report of the hours spent by the Members of the aforementioned Committee must be submitted together with the decision to challenge. The report will be checked by the CAMARB Secretariat so that it can take the necessary measures to collect the funds needed to pay the hourly fees, with a minimum of 10 (ten) hours and a maximum of 30 (thirty) hours per Member of the Committee.

1.2.5.2. If multiple simultaneous challenges are presented in the same procedure at the same time, the challenges will be processed through the formation of a single Challenge Committee, which will analyze the challenges individually, issuing individual decisions for each challenged Arbitrator.

1.2.5.2.1. In the case dealt with in the previous item, the fees of each of the Members of the Challenge Committee, as indicated in the CAMARB Schedule of Costs[7], will be calculated per challenged Arbitrator.

1.2.6. Regarding expert fees, in addition to observing the time frame set out in the approved expert proposal and/or in the Procedural Order that approves it, the Secretariat must obtain express approval from the Arbitration Court to release the installments due to the professional.

1.3. Payment of fees to Arbitrators, Emergency Arbitrators, Mediators, Members of CPRD Committees, Members of Challenge Committees and Experts may be made to their natural person or through a professional society of which the professional is a member, provided that this is included in its corporate purpose.

1.3.1. If the payment is made to an individual, this information must be presented by the professional as soon as he/she assumes the commitment in the procedure administered by the Chamber.

1.3.2. In the event of collection by an individual, the Parties will be responsible for bearing the corresponding social security charge, which will be collected by CAMARB[8].

1.3.3. If the professional is paid via remittance abroad, the Parties will bear the taxes, bank fees and any other costs/expenses that may apply, in accordance with applicable legislation.

1.3.4. The system for receiving fees chosen by the professional, whether a legal entity, individual or remittance abroad, will remain in force until the end of the ongoing procedure.

1.4. If the Parties request installments, of any nature, for the payment of the professional's fees, the latter will be notified by the Secretariat to express their opinion on the matter.

1.4.1. The CAMARB Executive Board will be responsible for deliberating on the request for payment of the Chamber's administrative fees in installments.

1.4.2. If the request for payment in installments is submitted during the administrative phase (i.e., before the formation of the Arbitration Tribunal or before the professional assumes the commitment in the procedure), the CAMARB Executive Board may accept or propose a new form of payment in installments to the Parties. Such measure will be subject to consultation of the Arbitrators' agreement as soon as they express acceptance of the invitation to act in the procedure in question.

1.4.3. The CAMARB Secretariat will proceed with collections or control of payments of installments according to the professional's acceptance or refusal.

1.5. If the Value of the Case is updated, the CAMARB Secretariat will arrange for the collection of the appropriate additional costs of the procedure by the Parties and the payment of the difference in the updated fees to the professional(s), if the time frames for payment have already been verified.

 

(II) Instruction for Payment of Fees

2.1. CAMARB's finance department will send payment instructions to professionals acting as Arbitrators, Emergency Arbitrators, Mediators, Members of CPRD Committees, Members of Challenge Committees and Experts with guidelines for issuing Invoices and/or filling out the Self-Employed Payment Receipt (“RPA”).

2.2. The CAMARB payment instructions for receipt with the issuance of an invoice must include:
(i) Reference to the arbitration, mediation or dispute board procedure number;
(ii) Reference to the portion of fees to be paid;
(iii) Guidelines for issuing the Tax Invoice;
(iv) Federal Withholdings: indication of the percentages that must be withheld as IRRF, PIS, COFINS and CSLL for companies that do not opt ​​for the simple national tax regime;
(v) Details of the Parties that provided security for the fees (company name/corporate name and CNPJ/CPF);
(vi) Description of the Services to be included in the Invoice to be issued;
(vii) Gross value of fees to be transferred;
(viii) Percentage pledged as fees for each procedural pole or, in the event of different distribution by the Parties of the same pole, the indication of the percentage pledged by each Party;
(ix) Payment authorization, attached, to be completed and signed by the professional who will receive the fees; and
(x) Request for the professional to present:
a. Invoice issued; and
b. Completed and signed payment authorization.

2.3. The following must be included in CAMARB's payment instructions for receipt by RPA:
(i) Reference to the arbitration, mediation or dispute board procedure number;
(ii) CAMARB data (company name, CNPJ and receipt number);
(iii) Gross and net value of fees to be transferred;
(iv) Discounts on taxes withheld at source;
(v) Indication of the inclusion of the remuneration of fees in the GFIP, with the amounts retained as social security contributions being collected by the Parties in accordance with current legislation;
(xi) Data of the Parties that guaranteed the fee amounts (company name/corporate name and CNPJ/CPF);
(xii) Reference to the percentage pledged as fees for each procedural party or, in the event of different distribution by the Parties of the same party, the indication of the percentage pledged by each Party;
(xiii) Payment authorization, attached, to be completed and signed by the professional who will receive the fees; and
(xiv) Request for the professional to present:

a. Full name of the professional;
b. General Registration Number (“RG”) of the professional;
c. Individual Taxpayer Registration Number (“CPF”) of the professional;
d. Full address with postal code of the professional;
e. Professional's date of birth;
f. PIS/PASEP or NIT number of the professional;
g. The professional's INSS registration number;
h. Positive or negative indication regarding the collection of INSS by the professional;
i. Indication of collection of ISSQN by the professional and, if so, information on the municipality of collection;
j. Professional's ethnicity;
k. Bank details for receiving fees (i.e. bank, branch and checking account);
l. Completed and signed RPA; and
m. Completed and signed payment authorization.

2.3.1. After receiving the information mentioned in item 2.3 (xiv), CAMARB's finance department will arrange for the issuance of the RPA with the due calculation of taxes, which will be forwarded to the professional for validation of the information and signature.

2.3.2. Documents, whether physical or digital, and other information containing personal data will remain stored by CAMARB as long as their purposes subsist, as determined in the Personal Data Operations Processing Record prepared in accordance with the Chamber's data protection policies[9].

2.3.3. In the event of payment to an individual, the Parties shall be responsible for paying CAMARB 20% (twenty percent) as the professional's employer's social security contribution, in accordance with current legislation, as well as any other taxes that may be levied on the transaction, which are not included in the professional's Fees.

2.4. The documents requested in the Payment Instruction must be sent by the professional in response to the email from the CAMARB finance department (i.e., original shipping chain), keeping the responsible procedure Secretariat and the General Secretariat in copy.

2.4.1. If the professional sends the documents to an email address other than the one indicated in the Payment Instruction, the payment deadline for the CAMARB financial department will not start until the documents have been sent correctly.

 

(III) Payment procedure to the professional

3.1. In the event of an Invoice being issued, payment of fees must be made within 10 (ten) business days from the date on which the CAMARB finance department receives the authorization completed and signed by the professional, accompanied by the Invoice and/or RPA.

3.2. In the event of an error in issuing the Invoice, failure to send the necessary documentation or failure to sign the requested financial documentation, the professional will be notified to make the correction, and the deadline for payment by the CAMARB financial department will be calculated again from the receipt of the correctly corrected documentation.

 

(IV) Reimbursement of expenses

4.1. In compliance with the provisions of the Arbitration Terms (in the case of ordinary arbitration), Commencement Terms (in the case of expedited arbitration), Mediation Agreement (in the case of mediation), Terms of Establishment of the Dispute Prevention and Resolution Committee (in the case of a dispute board) and the Fee Proposal, approved by the Arbitration Court (in the case of expert assessment), reimbursements will be due to the professional who incurs expenses to carry out his/her activities in the procedure in which he/she acts.

4.1.1. The following expenses are eligible for reimbursement, among others:
(i) Accommodation;
(ii) Airfare;
(iii) Land transfer;
(iv) Food; and
(v) Expenses for copies and scanning of documents.

4.2. To obtain reimbursement, an email must be sent to CAMARB's finance department indicating the existence of reimbursable expenses by the professional within 30 (thirty) days of the date of payment of the expenses.

4.3. In response to the request email, the finance department will forward the reimbursement request form, which must be completed by the requesting professional with the following information:
(i) description of each expense;
(ii) value of each expense;
(iii) identification of the tax receipt for each expense; and
(iv) bank details for payment of the refund.

4.4. After completing the form, the professional must send the reimbursement request spreadsheet, accompanied by proof of expenses, in the same file in PDF format and digitally signed, so that the finance department can arrange payment within 10 (ten) calendar days, counting from receipt of the documentation.

4.5. Cases not covered by this Administrative Guideline will be governed by the provisions of the CAMARB Rules, Arbitration Terms (in the case of ordinary arbitration), Commencement Terms (in the case of expedited arbitration), Mediation Agreement (in the case of mediation) or Terms of Establishment of the Dispute Prevention and Resolution Committee (in the case of a dispute board). In the absence of a stipulation in such instruments, any omissions will be resolved by deliberation of the CAMARB Executive Board.

Belo Horizonte, June 26, 2025.

Flavia Bittar Neves
President of CAMARB

 

[1] Art. 20 – Without prejudice to other duties provided for in this Statute, the President shall:

j) issue resolutions, regulations or acts on matters relating to the administration of CAMARB or procedures administered by it.
[2] CAMARB Business Mediation Rules, dated May 28, 2024. Available at:
[3] CAMARB Business Mediation Costs and Expenses Table, dated May 28, 2024. Available at:
[4] Rules of the CAMARB Dispute Prevention and Resolution Committee, dated April 02, 2024. Available at:
[5] Table of Costs, Expenses and Remuneration of Members of the CAMARB Dispute Prevention and Resolution Committee, dated April 02, 2024. Available at:
[6] CAMARB Arbitration Fees Schedule, dated June 18, 2019. Available at:
[7] Ditto.
[8] Paying source on behalf of and at the order of the Parties, pursuant to Art. 22, I, of Law No. 9.876/99.
[9] For more information on CAMARB's data protection policies, visit: “Personal Data Protection and Privacy Governance Policy”, “Personal Data Incident Reporting Policy” and “Personal Data Storage and Deletion Policy” on the Chamber's website.

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