Schedule of Costs and Arbitrators' Fees

ANNEX IV

SCHEDULE OF COSTS AND ARBITRATORS´ FEES FOR THE EXPEDITED ARBITRATION RULES

Pursuant to the Expedited Arbitration Rules (“Rules”), the arbitral proceeding costs encompass:

1. FILING FEE

1.1. The Filing Fee shall be owed and paid by Claimant on the date when the Request for Arbitration is submitted, under the table below:

Amount of the matter in dispute
From	To	Registry Fee
-	400.000,00	2.100,00
400.000,01	500.000,00	2.800,00
500.000,01	1.000.000,00	3.200,00
1.000.000,01	1.500.000,00	3.600,00
1.500.000,01	2.000.000,00	4.000,00

1.2. Not being possible to define the amount of the matter in dispute, Claimant shall collect the minimum amount, that shall be supplemented when fixed the value in the Term of Reference and/or determined during the Proceeding.

1.3. The Filing Fee is non-refundable.

2. ADMINISTRATION FEE

2.1. The Administration Fee shall be collected equally by the Parties, in the proportion of 50% (fifty percent), as described in the following table:

Amount of the matter in dispute
From	To	Administration
-	400.000,00	21.000,00
400.000,01	500.000,00	22.500,00
500.000,01	1.000.000,00	28.800,00
1.000.000,01	1.500.000,00	33.800,00
1.500.000,01	2.000.000,00	38.800,00

2.2. Not being possible to define the amount of the matter in dispute, the Parties shall collect the minimum amount, which shall be supplemented when fixed the amount of the dispute in the Term of Reference and/or as determined during the proceeding.

2.3. Upon the receipt of the Request for Arbitration, the Secretary-General shall notify the Parties to collect the Administration Fee within 7 (seven) calendar days.

2.4. The Administration Fee is non-refundable.

3. ARBITRATORS´ FEES

3.1. The Sole Arbitrator fees shall be equally divided between the Parties, in the proportion of 50% (fifty percent), accordingly to the following table:

Amount of the matter in dispute
From	Até	Honorários R$
-	100.000,00	14.000,00
100.000,01	200.000,00	15.500,00
200.000,01	300.000,00	17.000,00
300.000,01	400.000,00	18.000,00
400.000,01	500.000,00	19.000,00
500.000,01	1.000.000,00	32.000,00
1.000.000,01	1.500.000,00	39.000,00
1.500.000,01	2.000.000,00	45.500,00

3.1.1. The termination by withdrawal or agreement between the Parties entitles the payment of the Sole Arbitrator´s fees according to the subsequent criteria:

a) before the signing of the Term of Reference, but after the Sole Arbitrator´s nomination and acceptance, shall be due 30% (thirty percent) of the fixed fees;

b) after the signing of the Term of Reference, and before the start of the deadline set on item 5.1 of the Rules, shall be due 70% (seventy percent) of the fixed fees;

c) after the start of the deadline set on item 5.1 of the Rules, shall be due 100% (one hundred percent) of the fixed fees;

 3.2. When the Request for Arbitration fails to mention the exact amount of the matter in dispute, the Secretary-General shall determine the collection of the minimum value of the Arbitrator´s fees, which might be supplemented during the Proceeding, following the ascertained value.

3.2.1. It shall rest on the President of the Chamber to decide on the modification of the amount of the matter in dispute. The Sole Arbitrator may, at any moment, inform the Secretary-General about the existence of elements that justify the modification of the amount of the matter in dispute.

3.3. The Secretary-General shall send, to the Parties, the billing notification concerning the advance payment of the Arbitrators´ Fees, within 7 (seven) days of the commencement of the Proceeding.

3.4. The payment to the Sole Arbitrator shall be made in two installments as follows:

a) 15% (fifteen percent) after the signing of the Term of Reference; 

b) 85% (eighty-five percent) after the presentation of the last decision of the Proceeding;

3.5 In the cases in which the evidentiary hearing is dismissed, if solicited by the Parties, there might be conceded a 10% (ten percent) discount on the total amount of the Administration Fee, according to the Secretariat deliberation.

3.6. The Sole Arbitrator shall send the incurred expenses report, accompanied by the original receipts, whenever requested by the Secretary-General.

4. FEES AND ADMINISTRATION FEE OF THE ARBITRATORS´ CHALLENGE COMMITTEE

4.1. In case of challenge of the Sole Arbitrator, it shall be applied the proceeding present on item 4.2 of Annex I of the Arbitration Rules.

5. EXPENSES

5.1. The advance payment of expenses shall be equally collected by the Parties, in the proportion of 50% (fifty percent), whenever requested by the Secretary-General.

5.2. The party that requests any action or remedy shall anticipate its expenses for its performance.

5.3. The Parties, at the request of the Secretary-General, shall proceed with an anticipated collection concerning the Sole Arbitrator´s travel expenses, expenses related to any arbitrator challenge, actions taken outside the place of arbitration, meetings held outside the Chamber working hours or at other locations, interpreter services, transcription services and other resources necessary during the Proceeding.

5.4. Whenever the language of the arbitral proceedings is a foreign language, the Secretariat may hire one or more fluent secretaries, which remuneration and expenses shall be divided between the Parties.

6. GENERAL PROVISIONS

6.1. The Arbitration costs include the Arbitrators ‘Fees and Expenses, the Filing Fee, and the Administration Fee, in respect to the current table on the date of the request of the Proceeding and the expenses incurred to its development, including those related to the use of electronic portals and data storing, as defined in the respective Terms and Conditions of Use.

6.1.1. The Parties are responsible for the payment of remittances abroad, in favor of the Arbitrator, including the ones of tax, banking, and exchange nature incurred by the Chamber for the performance of the operation. 

6.1.2. The Parties are responsible for the collection of pension and tax funds that may incur for the payment of the Arbitrator that opts to receive the compensation as a private individual.

6.2. If one of the Parties fails to collect the due amount, in accordance with the provisions of this Annex IV and/or the Parties´ agreement, the Counterpart shall proceed with the payment to prevent a suspension or extinction of the Proceeding.

6.3. Whenever the collection is made by the Counterpart, the Secretary-General shall inform the Parties and the Sole Arbitrator not to analyze the defaulting party requests, if existent.

6.4. If there is no payment on the due date, the Secretary-General, following an inquiry with the President of the Chamber and/or the Sole Arbitrator, may suspend the Proceeding for a period no longer than two months. Terminated this term, without any collection, the Proceeding might be extinct at the Chamber´s President and/or the Sole Arbitrator´s discretion.

6.5 The segregation of costs provisions are not applicable to the Expedited proceedings.

6.6. If there is a counterclaim, the amount of the matter in dispute shall be supplemented with the one presented on the counterclaim. Defined the final amount, the Parties shall proceed with its collection in equal proportion (fifty percent), whenever requested by the Secretariat of the Chamber.

6.7. The Chamber may refuse to administer the Proceeding if the Arbitration costs are not collected.

6.8. Any reimbursement request concerning the Arbitration costs, as well its collection in a diverse manner, shall be analyzed by the President of the Chamber.

6.9. Omission and particular cases shall be decided by the President of the Chamber.

6.10. The Secretary-General might concede additional time periods for the Parties to proceed with eventual bank deposits.

6.11. In the Expedited Arbitration proceedings administered by the Chamber, the cases in which an installment plan for the payment of the Arbitration costs is deferred shall only proceed upon the collection of the last installment.

6.12. The other expenses provisions, as well additions on the Arbitration costs, shall be requested to the Parties by the Secretary-General, if necessary.

6.13. The President of the Chamber is exclusively competent to decide on costs relative to arbitral proceedings, except where he determines that such decision shall be made by the Sole Arbitrator.

6.14. At the end of the Proceeding, the Secretary-General shall present, to the Parties, a statement of costs, Arbitrator´s fees, and expenses, and request the payment of any pending amount, in observance of the liability posed in the Arbitral Award.

6.15. The Arbitral Award shall determine the liability for the payment of the Arbitration costs.

6.16. It is prohibited any alteration and/or negotiation, between the Parties and the Arbitrator, of values related to the Arbitrators ‘fees. 

6.17. The Arbitral Award shall be sent to the Parties, exclusively, after the payment in full of the Arbitration costs.

6.18. Upon request, the non-defaulting Companies, associated to CIESP for a corresponding period of over 12 (twelve) months, shall have a deduction of 10% (ten percent) on the value of the Administration Fee, a benefit that will be extended to all Parties of the Proceeding.

6.19. In the absence of collection of the Arbitration Costs, the Centre of Industries of the State of São Paulo (CIESP) is entitled to enforce, both in-court and out-of-court, the payment of all relevant fees, the Arbitrators´ fees, and expenses herein set.

6.20. Omission and particular cases shall be decided by the President of the Chamber.

6.21. This annex, approved by Resolution n°12/2022, is an integral part of the Expedited Arbitration Rules, and applies to the upcoming proceedings, as of May 2^nd, 2022.

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ANNEX I

SCHEDULE OF COSTS AND ARBITRATORS'S FEES

Pursuant to the terms of the Arbitration Rules, hereinafter referred to as Rules, the costs for the administration of proceedings encompass¹:

1. FILING FEE

1.1. The Filing Fee shall be paid by the Claimant on the date of the submission of a request for arbitration, at the rate of one percent (1%) of the amount of the dispute, subject to the following:
a) The minimum amount shall be three thousand Brazilian reais (R$ 3,000.00);
b) The maximum amount shall be five thousand Brazilian reais (R$ 5,000.00).

1.2. Should it be impossible to determine the amount of the dispute, the Claimant shall pay the minimum amount, for purposes of Filing Fee, which shall be supplemented upon determination of the amount of the dispute to be set out in the Terms of Reference, or as determined afterwards.

1.3. The Filing Fee is non-refundable.

2. ADMINISTRATION FEE

2.1. The Administration Fee shall be equivalent to two percent (2%) of the amount of the dispute, subject to the following:

Amount of the Dispute
Below R$ 30,000,000.00, the minimum amount shall be R$ 10,000.00 and the maximum shall be R$ 120,000.00.
From	To	Administration Fee (cap)
R$ 30.000.000,01	R$ 45.000.000,00	R$ 140.000,00
R$ 45.000.000,01	R$ 120.000.000,00	R$ 170.000,00
R$ 120.000.000,01	R$ 250.000.000,00	R$ 180.000,00
250.000.000,01 or higher		R$ 190.000,00

2.2. Should it be impossible to determine the amount of the dispute, the parties shall pay the minimum amount, which shall be supplemented upon determination of the amount of the dispute in the Terms of Reference, and/or as determined in the course of proceedings.

2.3. The Administration Fee shall be equally divided between Claimant(s) and Respondent(s), at the rate of fifty percent (50%).

2.4. The Secretary General of the Chamber, following receipt of the request for commencing arbitral proceedings, shall notify the parties for them to pay the Administration Fee within no more than fifteen (15) days.

2.5. The Administrative Fee is non-refundable.

3. ARBITRATORS' FEES

3.1. Arbitrators' fees shall be equally divided between Claimant(s) and Respondent(s), at the rate of fifty percent (50%), according to the following table:

3.1.1. Disputes of up to R$ 7.999.999,99:

Amount of the Dispute (R$)	Minimum Hours per arbitrator	Per hour (R$)
Up to 100.000,00	20	500,00
From 100.000,01 to 500.000,00	40	500,00
From 500.000,01 to 1.000.000,00	80	500,00
From 1.000.000,01 to 3.000.000,00	100	500,00
From 3.000.000,01 to 7.999.999,99	105	500,00

3.1.2. Disputes in the amount equal to or exceeding R$ 8.000.000,00:

AMOUNT OF THE DISPUTE (R$)		FEES (R$)
Minimum (R$)	Maximum (R$)	Minimum (R$)	Intermediary (R$)			Maximum (R$)
8.000.000	10.000.000	103.700	minimum +	0,574%	*	115.180
10.000.001	15.000.000	115.180	minimum +	0,352%	*	132.780
15.000.001	20.000.000	132.780	minimum +	0,337%	*	149.630
20.000.001	25.000.000	149.630	minimum +	0,128%	*	156.030
25.000.001	50.000.000	156.030	minimum +	0,099%	*	180.780
50.000.001	100.000.000	180.780	minimum +	0,094%	*	227.780
100.000.001	150.000.000	227.780	minimum +	0,070%	*	262.780
150.000.001	200.000.000	262.780	minimum +	0,070%	*	297.780
200.000.001	250.000.000	297.780	minimum +	0,051%	*	323.280
250.000.001	300.000.000	323.280	minimum +	0,051%	*	348.780
300.000.001	350.000.000	348.780	minimum +	0,051%	*	374.280
350.000.001	400.000.000	374.280	minimum +	0,051%	*	399.780
400.000.001	450.000.000	399.780	minimum +	0,049%	*	424.280
450.000.001	500.000.000	424.280	minimum +	0,049%	*	448.780
500.000.001	550.000.000	448.780	minimum +	0,049%	*	473.280
550.000.001	600.000.000	473.280	minimum +	0,049%	*	497.780
600.000.001	-	497.780	minimum +	0,049%	*	-
* of the difference between the minimum amount within the range and the amount of the dispute

3.1.3. The amounts under item 3.1.2 shall be multiplied by the number of arbitrators, and the President of the Arbitral Tribunal shall be entitled to forty percent (40%) of the total fees, and each co-arbitrator shall be entitled to thirty percent (30%) of the total fees.

3.1.4. For the cases referred to in item 3.1.2, except as otherwise expressly provided in the Terms of Reference, the closure of the proceedings by withdrawal or agreement between the parties entails the payment of arbitrators' fees according to the following²:

a) after the signing of the Terms of Reference, and before the hearing for production of evidence, arbitrators will be entitled to 70% of fixed fees;

b) after the hearing for production of evidence, 100% of fixed fees will be due.

Sole Paragraph. In case the arbitration is terminated before the execution of the Terms of Reference, the arbitrators will be entitled to the hours duly worked, both in the event of item 3.1.1 as well as of item 3.1.2.

3.2. Where the request for arbitration fails to mention the exact amount of the dispute, the Secretary General of the Chamber shall determine the payment of the minimum amount of the arbitrators' fees, which may be supplemented in the course of proceedings, according to the amount determined.

3.2.1. The arbitrators may, at any time, inform the Secretary General of the Chamber about any elements justifying a change to the amount of the dispute. The President of the Chamber shall issue a decision in this respect, upon consideration of the elements provided.

3.3. The Secretary General of the Chamber shall send a collection notice to the parties demanding prepayment of the arbitrators' fees within fifteen (15) days following the request for arbitration.

3.4. Payment to the arbitrators shall be made in three installments, as follows:

a) Thirty percent (30%) upon the filing of Replies;

b) Thirty percent (30%) upon the closing of the production of evidence; and

c) Forty percent (40%) following the entering of the award.

3.5. The arbitrator shall send a report concerning the expenses incurred, accompanied by the relevant original receipts, whenever so requested by the Secretary General of the Chamber.

3.6. Upon the entering of the award, the arbitrators shall submit a report on the hours worked, and the Secretary General of the Chamber may request such reports in the course of proceedings.

4. REVOKED³.

5. EXPENSES

5.1. Payment of expenses in advance shall be equally divided between Claimant(s) and Respondent(s), at the rate of fifty percent (50%), at the request of the Secretary General of the Chamber.

5.2. The party requesting any action or remedy shall prepay the expenses connected therewith.

5.3. The parties, at the request of the Secretary General of the Chamber, shall prepay costs incurred by the arbitrators with travel expenses, costs connected with any challenge of arbitrators, actions taken outside the place of arbitration, meetings held outside the Chamber regular hours or at other locations, experts' fees and expenses, interpreter services, stenography and other resources needed in the course of proceedings.

5.4. The party requesting expert examination shall prepay the costs thereof, unless otherwise determined by the Arbitral Tribunal. Expert works shall only begin following full payment of the experts' fees. The Secretary General of the Chamber shall pay the expert based on the hours' report submitted by the expert.

5.5. Where the language of the arbitral proceedings is a foreign language, the Secretariat of the Chamber may hire one or more secretaries who master the chosen language, whose fees and expenses shall be divided between the parties.

6. GENERAL PROVISIONS

6.1. The arbitral costs include the arbitrators' fees and expenses, the Filing Fee, the Administration Fee, according to the applicable schedule in force on the date of the request for arbitration, as well as the fees and expenses incurred with experts appointed by the Arbitral Tribunal and the expenses incurred in developing the arbitral proceedings.

6.2. The President of the Chamber may, under item 3.1.2, set the arbitrators' fees at lower or higher amounts, within up to twenty percent (20%) of the amount stated in the Schedule of Fees, if deemed fit, considering the exceptional circumstances surrounding the case, such as the number of parties, the level of complexity of the case, the amount at issue, etc.

6.3. Should either party fail to pay for the amount owed by it under Annex I and/or agreement of the parties, the other party may pay for it in order to prevent the arbitral proceedings from being suspended or closed.

6.4. When payment is made by the other party, the Secretary General of the Chamber shall inform the parties and the Arbitral Tribunal that the pleadings of the defaulting party, if any, are not to be examined.

6.5. Should no payment be made on the due date, the Secretary General of the Chamber, following consultation with the President of the Chamber and/or with the Chairman of the Arbitral Tribunal, may suspend the proceedings for up to two (2) months. Upon expiration of such period, if no payment is made, the proceedings shall be closed, at the discretion of the President of the Chamber and/or the Chairman of the Arbitral Tribunal.

6.6. Either party may, within the time-period set in item 6.5, request that the proceedings be restarted, provided that all pending costs be duly paid.

6.7. Upon submission of a counterclaim, the amount of the main claim shall be added the amount of the counterclaim. Once the amount is determined, it shall be equally divided between Claimant(s) and Respondent(s), at the rate of fifty percent (50%), at the request of the Secretariat of the Chamber.

6.8. The Chamber may refuse to administer the arbitral proceedings unless the fees, arbitrators' fees and expenses are duly paid.

6.9. Any requests for compensation of arbitration costs, as well as any requests for payment of the arbitration costs in a different manner, shall be analyzed by the President of the Chamber.

6.10. Cases not provided for or special situations shall be decided by the President of the Chamber.

6.11. The Secretary General of the Chamber may grant supplementary time-periods for the parties to make any deposits.

6.12. In arbitral proceedings administered by the Chamber, if a request for payment of costs and arbitrators' fees in installments is granted, the proceedings shall only continue upon payment of the last installment.

6.13. The other sums concerning expenses, as well as any supplementary payment of arbitration costs, shall be requested by the Secretary General of the Chamber to the parties, as needed.

6.14. The President of the Chamber is exclusively competent to decide on costs relative to arbitral proceedings, except where he determines that such decision shall be made by the Arbitral Tribunal.

6.15. At the end of the arbitral proceedings, the Secretary General of the Chamber shall present to the parties a statement of costs, arbitrators' fees and expenses, and request payment of any pending amounts, subject to the terms of the arbitral award as regards the liability for payment therefor.

6.16. The arbitral award shall determine the liability for payment of the arbitration costs.

6.17. Revoked⁴.

6.18. No alteration and/or agreement involving the arbitrators' fees may be negotiated between the parties and the arbitrators.

6.19. In ad hoc arbitrations where the President of the Chamber performs the function of authority in charge of appointing arbitrators, as agreed by the parties in their arbitration agreement, the party requesting the arbitration shall, following the appointment of the arbitrator(s), pay for the maximum amount corresponding to the Filing Fee set out in this schedule, in effect on the date of the request.

6.20. In the event of challenge of an arbitrator, the challenging party shall, together with the challenge, pay for the minimum amount of the Administration Fee and pay in advance the fees owed to the members of the Committee under Item 7.3 of the Arbitration Rules, and such members will be entitled to the hours effectively worked to rule on the challenge, assuring a minimum of ten hours to each member. The value of the hour will be of R$500.00. Failure to make such payment shall cause the challenge to be closed and the arbitration to continue.⁵

6.21. No arbitral award entered in arbitral proceedings administered by the Chamber shall be delivered to the parties without full payment of the arbitration costs.

6.22. Failure to pay for the arbitration costs shall entitle the Center of Industries of the State of São Paulo (Ciesp) to enforce, both in-court and out-or-court, the payment of relevant fees, the arbitrators' fees and expenses hereunder.

6.23. This Annex I is an integral part of the Rules issued by the Chamber, duly approved under the Bylaws on November 29, 2012, and is effective as of August 1, 2013.

 

¹ This item was altered by Resolution n⁰. 2/2016 of August 18, 2016, in view of the creation of a specific Schedule of Costs and Mediators' Fees (Annex III).

² Item 3.1.4 and its Sole Paragraph have been included in Annex I – Schedule of Costs and Arbitrators' Fees by Resolution n⁰. 2/2015 of December 16, 2015.

³ Item 4 and its subparagraphs were revoked by Resolution n⁰. 2/2016, dated August 18, 2016, in view of the creation of a specific Schedule of Costs and Mediators' Fees (Annex III).

⁴ Item 6.17 was revoked by the Resolution n⁰. 2/2016 of August 18, 2016, in view of the creation of a specific Schedule of Costs and Mediators' Fees (Annex III).

⁵ This item was modified by Resolution n⁰. 1/2016 of July 13, 2016.

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ANNEX I

Schedule of Costs and Arbitrators' Fees (from 22 April 2010 until 31 July 2013)

In accordance with the provisions stated in the Arbitration, hereinafter referred to as REGULATION, the administration costs of the proceedings include the following:

1. REGISTER FEE

1.1. The register fee shall be paid by the Claimant on the date of the request for inception of the arbitration proceedings, and shall correspond to 0.5% of the amount involved in the dispute, under the criteria below:
a) the minimum amount shall be R$ 2,000.00;
b) the maximum amount shall be R$ 5,000.00.

1.2. Should it be impossible for the amount involved to be determined, the Claimant shall pay the minimum amount, for purposes of payment of the register fee, which shall be complemented when the amount of the claim is set out in the Arbitration Term.

1.3. The members of the Center for the Industries of the State of São Paulo – CIESP who are in due compliance with their regular financial obligations shall be granted a discount of 70% on the amount corresponding to the register fee.

2. ADMINISTRATION FEE

2.1. The administration fee to be collected in equal parts by the Claimant and the Respondent, whenever so requested by the Chamber, corresponds to 2% of the amount involved in the conflict, upon observance of the following criteria:
a) the minimum amount shall be R$ 10,000.00;
b) the maximum amount shall be R$ 120,000.00.

2.2. The members of the Center for the Industries of the State of São Paulo – CIESP who are in due compliance with their regular financial obligations, shall be granted a discount of 30% on the amount corresponding to the administration fee.

3. ARBITRATORS' FEES

3.1. The fees to be paid to the arbitrator(s) shall be collected in equal parts by the Claimant and the Respondent, whenever so requested by the Chamber, under the criteria below:

Amount of the Claim (R$)	Minimum of Hours per arbitrator
Below 99.999,99	30
From 100.000,00 to 499.999,99	50
From 500.000,00 to 999.999,99	80
From 1.000.000,00	100

3.2. The fees to be paid to the arbitrator(s) shall be calculated on the basis of four hundred fifty Brazilian reals (R$450.00) per hour.

3.3. During the arbitration proceedings, the Chamber shall request that arbitrators prepare partial reports of hours worked, and in the event the number of hours exceed the minimum amount paid by the Parties, the respective supplement thereto shall be requested.

3.4. At the end of the arbitral proceedings, upon the rendering of the arbitral award and clarifications, if any, the arbitrator(s) shall submit a final report of hours worked, in order for the Chamber to prepare the statement of costs under item 5.5.

4. EXPENSES

4.1. In addition to paying for the register and administration fees, as well as the arbitrators' fees, the Parties shall pay in advance, whenever so requested by the Chamber, the expenses incurred by the arbitrators with travels, acts performed outside the place of arbitration, meetings held outside the Chamber's regular hours or at another location, the fees and expenses of any experts acting in the proceedings, services involving interpretation, mechanical stenography and other resources used by the Chamber for the due performance of the proceedings.

4.2. Whenever the language of the arbitral proceedings is a foreign language, upon agreement between the Parties, the Chamber shall retain a secretary who is fluent in the language chosen, whose fees and expenses shall be divided pro rata between the Parties.

5. GENERAL PROVISIONS

5.1. Should either party fail to pay the amount due by it under this Annex I and/or by agreement of the parties, the other party may do it to prevent the arbitral proceedings from being stalled.

5.2. Should the other party fail to make the payment set out in item 5.1, the Chamber's Secretariat shall provide such information to the Chairman, as well as to the arbitrator(s), if the Arbitral Tribunal has already commenced, for them to resolve on the continuity of the arbitral proceedings.

5.3. The Chamber may refuse to administer the arbitral proceedings if the fees, arbitrators' fees and expenses are not paid.

5.4. The Chamber, at its own discretion, and aiming to make feasible the inception of the arbitral proceedings, may determine that amounts smaller than those stated in this Annex be paid, considering the amount of the claim and the complexity of the conflict, as well as other matters it deems relevant.

5.5. Upon conclusion of the arbitral proceedings, the Chamber shall submit to the parties the statement of costs, arbitrators' fees and expenses, by requesting the parties to pay for any remaining amounts, upon due observance of the terms of the award as regards the liability for the payment of said costs.

5.6. In mediation, the Chamber shall collect only the register fee, and each party shall pay for the full amount thereof, upon compliance of the specific provision contained in sub-item 3.2 with respect to the mediator's fees, and upon compliance of the terms stated in item 4 of this Annex I with respect to expenses.

5.7. The cases for which no provision is stated or cases that involve special circumstances shall be analyzed by the Chamber, which may also grant an additional time limit for any deposits to be made.

5.8. In the arbitral proceedings administered by the São Paulo Chamber of Mediation and Arbitration, the cases where the request for payment of costs and arbitrators' fees in installments is granted shall only continue to be processed after payment of the last installment.

5.9. The Parties and the Arbitrators may not amend and/or negotiate the amounts involving the arbitrators' fees.

5.10. In situations involving "ad hoc" arbitral proceedings, where the Chamber, through its Presidency, exercises the function of appointing authority, when so agreed on between the parties in the arbitration agreement, the requesting party shall pay, as a result of the appointment of the arbitrator(s), the maximum amount corresponding to the Register Fee set out in this table and prevailing on the date of such request.

5.11. Within three (3) business days following the filing of the request for arbitration, the costs corresponding to the Chamber's Administration Fee and the arbitrators' minimum fees shall be due by the parties, under penalty of the case being closed.

5.12. The Register Fee shall be paid by the Claimant on the date the request for inception of arbitral proceedings is filed, as stated in this Annex. Said payment shall not be reimbursed under no circumstance whatsoever.

5.13. The Administrative Fee and arbitrators' Minimum Fees shall be due by the parties within three (3) days following the filing of the request for arbitration, in equal installments, by both the Claimant and Respondent, as stated in this Annex.

5.14. Within three (3) days following the filing, the Chamber shall issue the payment slip for the Claimant to pay for the amount stated in item 5.13, which shall mature within 15 days.

5.15. Within three (3) days following the notice, the Chamber shall issue a payment slip for the Respondent to pay for the amount stated in item 5.13, which shall mature within 15 days.

5.16. The Chamber shall analyze requests for delay of payment of costs stated in 5.13 only if the amounts corresponding to the Administration Fee and Arbitrators' Minimum Fees are duly paid at least seven (7) days before the hearing for the Arbitration Term or the meeting designated for the works to be started.

5.17. Whenever the agreement fails to provide for the exact amount of the dispute, the Chamber shall collect the minimum amount of the costs and arbitrators' fees, as stated in this Annex I – Table of Costs and Arbitrators' Fees, and the Chamber or the Arbitral Tribunal may request the supplementation of such amounts as soon as one be able to ascertain it, during the course of proceedings.

5.18. The other expenses and supplementary payments concerning arbitrators' fees shall be requested from the parties by the Chamber as needed, during the course of proceedings.

5.19. The São Paulo Chamber of Mediation and Arbitration is solely and exclusively in charge of resolving on the costs related to arbitral procedures, except in those cases where it understands that the Arbitral Tribunal shall do it.

5.20. The award rendered within the ambit of the arbitral proceedings administered by the São Paulo Chamber of Mediation and Arbitration shall only be delivered when the total amount of costs and fees is duly paid by one or both Parties, at the Chamber's request.

5.21. This Annex I is an integral part of the Regulations issued by the Chamber and effective as of April 22nd 2010, and substitutes the previous Regulation, dated May 17th 2006.

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PAYMENT OF THE FILING FEE

Payment of the filing fee (arbitration and dispute boards) or advance expenses (mediation)

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