ARBITRATION FEE

1. Summary Arbitration
1.1. Under CAMES Arbitration Regulations, all arbitrations with a maximum disputed amount of BRL 200,000.00 (two hundred thousand Brazilian Reais) will necessarily be conducted under the summary procedure.

1.2. In arbitrations with a disputed amount that exceeds BRL 200,000.00 (two hundred thousand reais), the parties may opt for the ordinary or summary procedure, under the terms of CAMES Arbitration Regulations.

1.3. Arbitrations with a disputed amount that exceeds (two hundred thousand reais) that follow the summary procedure will have a discount of 30% (thirty percent) in relation to the amount established in the table above.

2. Administration fee
2.1. The administration fee is charged to the parties when commencing the procedure and is apportioned equally between them, unless otherwise agreed. This fee corresponds to the entire arbitration process, and must be paid as established in the Terms of Reference.

3. Arbitrator’s fees
3.1. The arbitrator’s fees are the amounts transferred to CAMES as a result of the arbitrator’s activity, designated by the Chamber, in accordance with the regulations thereof.

3.2. The fees will be apportioned equally between the parties, unless otherwise agreed.

3.3. The total amount of the Arbitrator’s Fees must be directed to CAMES by the submission of the Closing Statements by the parties, and 50% (fifty percent) of the Arbitrator’s Fees must be paid off upon signature of the Terms of Reference, under penalty of suspension of the procedure until effective payment.

3.4. One of the parties may advance the payment of costs and fees due by another in order to enable the continuation of the procedure, without prejudice to the provisions of item 3.5.

3.5. The non-prevailing party will reimburse the prevailing party for the costs and fees incurred in the course of the arbitration process, as defined in the arbitral award.

3.6. In the case of the institution of an Arbitral Tribunal, the President Arbitrator will receive the amount established for the Arbitrator’s fees in the table above, and the co-arbitrators will each receive 80% (eighty percent) of the amount provided for the Arbitrator’s fees in the table above.

3.7. In the event that the Arbitral Tribunal understands there is no arbitration agreement or that the arbitration agreement is not valid, or binding, or that the dispute is not comprised by the scope of the agreement, in the event there is no any instruction on the merits, the Arbitrator’s remuneration will correspond to 30% (thirty per cent) of the amount initially stipulated, and any overpayment must be refunded to the parties.

4. Other Costs
4.1. The party that requires the use of courier service with certificate of receipt by CAMES, either when requesting the arbitration, including a new party to the arbitration, or any other case, will be responsible for the previous payment of the service within 3 (three) business days counted as of the receipt of the request by CAMES.

4.2. All other procedure-related expenses, such as expert analysis, shorthand, stenography, trips, accommodation, among others, must be paid in advance by the party who requested the measure leading to the expense and in the event of a measure ordered by the Arbitrator, expenses will be apportioned equally between the parties.

5. Amendments to the Disputed Amount
5.1. In the event it is established that the disputed amount is lower than the actual economic value assessed based on the elements of the proceeding, the local CAMES will proceed to the correction thereof. If necessary, parties must complement the amount initially deposited as administration fee and arbitrator’s fees within 5 (five) days counted as of the receipt of the communication.

5.2. In the event respondent files a Counterclaim, the local CAMES will update the disputed amount, considering the claims of all the parties.

6. Payment
6.1. The administration fee, the arbitrator’s fee and other costs must be paid by the set date through a payment form issued by the local CAMES.

7. Default in Payment
7.1. In the event any cost of the arbitral proceeding is not paid by the stipulated due date, arbitration will be suspended for a period of up to 60 (sixty) days to await regular payment.
7.2. In the event the payment is not made within the aforementioned period, the arbitration may be extinct by the local CAMES, without prejudice to the parties filing the same claims in a new arbitration.
7.3. In the event arbitration is extinguished, the administration fee previously paid will not be refunded, nor will the arbitrator’s fee and other costs.

8. Replacement of Arbitrator
8.1. The arbitrator’s fees, in the event of resignation, recusal, death, legal incapacity thereof or supervening event, will be paid proportionally under the following terms:
a) before Terms of Reference are signed, Arbitrator will not receive any fees;
b) after Terms of Reference are signed and before evidentiary stage is finished, Arbitrator will receive up to 25% of the stipulated fees;
c) after evidentiary stage is finished and before closing statements are submitted, Arbitrator will receive up to 50% of the stipulated fees;
d) after a decision is issued due to a motion to clarify filed against the arbitral award or after the period to file such motion, if parties do not act, Arbitrator will receive up to the full amount of stipulated fees.

8.2. In the aforementioned cases, Arbitrator will be consulted and may present considerations to adequate the proportions described above to the local CAMES, which will analyze the case at issue and the considerations of the Arbitrator in order to determine the exact percentage to which Arbitrator will be entitled in each case.

8.3. In the event the initial amount received by the Arbitrator after signing the arbitration agreement is higher than the amount Arbitrator is entitled under this item referring to Arbitrator replacement, the Arbitrator must refund the exceeding amount paid by CAMES.

8.4. In the event the Arbitrator is replaced, the substitute will act in the proceeding receiving only the outstanding fees.

9. Withdrawal of the Parties
9.1. Arbitrator’s fees, in the event parties withdraw from the case, will be paid proportionally, under the terms below:
a) before Terms of Reference are signed, Arbitrator will receive up to 20% of the stipulated fees;
b) after Terms of Reference are signed and before evidentiary stage is finished, Arbitrator will receive up to 40% of the stipulated fees;
c) after evidentiary stage is finished and before closing statements are submitted, Arbitrator will receive up to 70% of the stipulated fees;

9.2. In the aforementioned cases, Arbitrator will be consulted and may present considerations to adequate the proportions described above to the local CAMES, which will analyze the case at issue and the considerations of the Arbitrator in order to determine the exact percentage to which Arbitrator will be entitled in each case.

9.3. In the event the initial amount received by the Arbitrator after signing the arbitration agreement is higher than the amount Arbitrator is entitled under this item referring to withdrawal of the parties, the Arbitrator must refund the exceeding amount paid by CAMES.

10. Homologation of Settlement during the Course of Arbitration
10.1 Arbitrator’s fees, in the event of homologation of a settlement, will be paid proportionally, under the following terms:

a) before Terms of Reference are signed, Arbitrator will receive up to 30% of the stipulated fees;
b) after Terms of Reference are signed and before evidentiary stage is finished, Arbitrator will receive up to 50% of the stipulated fees;
c) after evidentiary stage is finished and before closing statements are submitted, Arbitrator will receive up to 80% of the stipulated fees;

10.2. In the aforementioned cases, Arbitrator will be consulted and may present considerations to adequate the proportions described above to the local CAMES, which will analyze the case at issue and the considerations of the Arbitrator in order to determine the exact percentage to which Arbitrator will be entitled in each case.

10.3. In the event the initial amount received by the Arbitrator after signing the arbitration agreement is higher than the amount Arbitrator is entitled under this item referring to withdrawal of the parties, the Arbitrator must refund the exceeding amount paid by CAMES.