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September 04, 2014
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43.1    Determination of Administration Fee
The administration fee is determined based on the sum in dispute, as mentioned in the NCAC Fee Schedule.

43.2    Calculation of sum in dispute
The sum in dispute shall be the aggregate value of all claims and counterclaims. If a party makes a set-off defense, the General Secretariat shall include the amount thereof in the calculation of the sum in dispute only insofar as the set-off defense requires significant additional work for the Tribunal.

43.3    Amendments to claims and defenses
If the amount of the claim, counterclaim or set-off defense (if relevant) is reduced in accordance with Rule 23.2 (Amendment to claims and defenses), the administration fee shall not be reduced. If the amount of the claim, counterclaim or set-off defense (if relevant) is increased in accordance with Rule 23.2(Amendment to claims and defenses), the administration fee shall also be increased in accordance with the NCAC Fee Schedule.

43.4    When the sum in dispute is not quantifiable
Where the sum in dispute (the amount of the claim or the counterclaim) is not quantifiable at the time the advance payment for costs of arbitration is due, a provisional estimate of the costs of the arbitration shall be made by the General Secretariat. Such estimate may be based on the nature of the controversy and the circumstances of the case. This estimation may be adjusted in light of such information as may subsequently become available.

43.5    Adjustment of Administration Fee
The Administration fee for each particular case may be adjusted by the General Secretariat, taking into account any exceptional circumstances that may, in the opinion of the General Secretariat, justify reducing or increasing the Administration fee prescribed in the NCAC Fee Schedule. Exceptional circumstances may include but are not limited to substantial less work being done by NCAC because of early termination of the arbitration proceedings or substantial additional services being provided by NCAC. However, in no event shall an increase be more than 30% (thirty percent) of the Administration fee prescribed in the NCAC Fee Schedule.
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