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SCIAB LTDA (Secretaria Da Corte Internacional De Arbitragem Brasil) provides ICC Arbitration in Brazil.

SCIAB LTDA

Rua Surubim

504 – 12o andar – Cidade Monções

04571-050 São Paulo – SP, Brasil

Case management team

Email ica10@iccwbo.org

Tel.: +(55) 11 3040-8830

Gustavo Scheffer da Silveira

Counsel

Email: gsa@iccwbo.org

Tel: +(55) 11 3040-8830

 

Note on the functioning of the Brazilian office of the Secretariat of the Court

1. The Secretariat of the International Court of Arbitration of the International Chamber of Commerce (“Secretariat”) has an office in the City of São Paulo – SP, Brazil
(“São Paulo Office of the ICC” or “SCIAB”).

2. An arbitration shall be administered by the São Paulo Office of the ICC when (i) all parties are of Brazilian nationality or (ii) the parties and ICC have expressly agreed to it, or (iii) the Secretariat so decides pursuant to the ICC Rules of Arbitration (“Rules”). The three situations are hereafter referred to as “Brazilian Arbitrations”.

3. This Note is intended to clarify essential aspects related to the administration of the Brazilian Arbitrations under the Rules. For all matters not dealt with in this Note, the parties shall refer to the Note to Parties and Arbitral Tribunals on the Conduct of the Arbitration Under the ICC Rules of Arbitration.

A. Request for Arbitration

4. A party wishing to have recourse to arbitration under the Rules, and who considers that its arbitration falls under 2 (i) or (ii) above, shall submit its Request for Arbitration and exhibits (“Request”) to the Secretariat, by email, to the following email address: arb@iccwbo.org. Pursuant to Article 4(2) of the Rules, the date on which the Request is received by the Secretariat shall, for all purposes, be deemed to be the date of the commencement of the arbitration.

5. As indicated in Article 4(1) of the Rules, the Request may be delivered to the Secretariat at any of the offices specified in the Internal Rules of the International Court of Arbitration. By agreeing on the ICC Rules the parties are aware and consent that information pertaining to the case including financial information and personal data may be communicated between the International Chamber of Commerce and SCIAB, NCs and relevant third parties such as an appointing authority outside ICC, ICC and SCIAB auditors, insurers, insurance brokers and banks.

6. Upon receipt of the Request, the Secretariat shall send a correspondence to Claimant indicating, among other information, the reference number of the arbitration, as well as the case management team responsible for administration of the arbitration.

B. Filing Fee and costs of the arbitration

7. Unless decided otherwise by the Secretariat, the costs of the arbitration for arbitrations administered by the São Paulo office of the ICC will be fixed in Brazilian Reais (“Reais”) in accordance with the ICC scale in Reais. The São Paulo Office of the ICC will act as depositary of the amounts paid in relation to the costs of the arbitration, which unless decided otherwise by the Secretariat shall be paid on a bank account in Brazil.

8. In the same letter in which the Secretariat acknowledges the receipt of Request, the Secretariat will send a Payment Request of BRL 16 000 to Claimant related to the filling fee (Article 1 of Appendix III of the Rules). This Payment Request will indicate the bank instructions for payments in Reais.

9. A party wishing to have its arbitration administered by the São Paulo Office of the ICC should refrain from making any payment to the ICC until instructed by the Secretariat to do so.

C. Emergency Arbitrator Proceedings

10. Pursuant to Article 29 of the Rules and Appendix V, a party that needs urgent interim measures (“Emergency Measures”) which cannot await the constitution of an arbitral tribunal may make an application to the Secretariat. Whenever the case falls under 2 (i) or (ii) above, the following shall apply.

11. Pursuant to Article 7 of Appendix V of the Rules, the applicant must pay an amount of
BRL 128 000 regarding the costs of the Emergency Arbitrator proceedings. This amount includes BRL 32 000 for ICC administrative expenses and BRL 96 000 for the emergency arbitrator’s fees and expenses. Moreover, this amount has to be paid in Reais, on a bank account in Brazil, which will be informed to the parties upon the filing of the application.

12. The filing party should inform the Secretariat as soon as possible and preferably before submitting the Application, for confirmation of the banking instructions for payment of the Emergency Arbitrator proceeding’ costs. If the Application precedes the Request for Arbitration, parties should send an email to: emergencyarbitrator@iccwbo.org. If the Application is related to an ongoing arbitration, parties should contact the ICC case management team to which the arbitration has been assigned.

D. Payment to the arbitrators

13. In cases in which an arbitrator requests that the payment of his or her fees be made at a personal account, the parties shall be responsible to bear the respective social security charges, as well as any other costs involved. Furthermore, should any of the parties nominate an arbitrator who is domiciled in a foreign country, the parties shall bear any taxes and costs related to the payment of the arbitrator’s fees.

14. If an arbitrator domiciled in Brazil requests that his or her fees be paid on a foreign account, said arbitrator will support the additional cost relating to such payment.

E. Hearing Centre

15. ICC has negotiated with CNI, the possibility for the parties to ICC arbitration cases to rent state of the art hearing rooms for both large and small groups. The rates of the rooms are not included in the advance on costs, and will have to be paid separately by the parties. For any query related to the hearing centre, the parties are invited to contact: hearingcentre@cni.org.br

F. Contact Information

16. São Paulo Office of the ICC or SCIAB
Rua Surubim, 504 – 12° andar – Cidade Monções
São Paulo, SP – 04571-050
Brazil
Tel: +55 11 3040 8830 / +55 11 3040 8837
Email: ica10@iccwbo.org

G. Scales in Brazilian Reais

17. The scales in Brazilian Reais indicated below are exclusively applicable to the Brazilian Arbitrations, cases administered by the São Paulo Office of the ICC (as indicated at paragraph 2 above), and are in force as of 1 January 2018.

Scales 2017 can be downloaded here.

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