855 - 12 44 00 22
September 04, 2014
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45.1.    Determination of Tribunal Fee
The Tribunal fee is determined based on the sum in dispute, as mentioned in the NCAC Fee Schedule.Alternative methods of determining the Tribunal fees may be agreed by the parties prior to the constitutionof the Tribunal.

45.2.    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.

45.3.    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 Tribunal 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), theTribunal fee shall also be increased in accordance with the NCAC Fee Schedule.

45.4.    Sum in dispute is not quantifiable
Where the sum in dispute (the amount of the claim or the counter claim) 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.

45.5.    No separate agreements with any of the parties on fee and expenses
An arbitrator is entitled only to the allocation of the Tribunal fee and reimbursement of such expenses as determined by the General Secretariat. She/he may not directly or indirectly enter into agreements with, or receive any payments from, any of the parties or their representatives with respect to her/his fee or her/his expenses.

45.6.    Internal distribution of Tribunal fee
The arbitrators are free to agree on a fee allocation among themselves. In the absence of such agreement, the General Secretariat shall apply the following:
     a-    In case of a three-member Tribunal, 40% (forty percent) of the total  
             Tribunal   Fee shall be allocated to the presiding arbitrator and the 
             remaining 60%  (sixty percent) shall be equally allocated am  the
             other arbitrators.
     b-    In case of other multiple-member Tribunal,5% (five percent) of the
             total Tribunal Fee shall be specifically reserved to the presiding
             arbitrator and the remaining 95% (ninety five percent) shall be
             allocatedequally among all the arbitrators, including the presiding

45.7.    Fees in case of replacement of arbitrator
The General Secretariat shall determine the fee of an arbitrator who ceases to act for whatever reasons before termination of the arbitration proceedings and of the arbitrator appointed to replace him, having regard to the work each of them has performed and all other relevant circumstances.
However, in no event shall the total of the fees for the outgoing arbitrator and his replacement arbitrator be more than 120%(one hundred and twenty percent) of the fee that the initially appointed arbitrator would have received if she/he had completed the case.

45.8.    Adjustment of Tribunal Fee
Tribunal 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 Tribunal fee prescribed in the NCAC Fee Schedule. Exceptional circumstances may include, but are not limited to, substantially less work being done by the Tribunal because of early termination of the arbitration proceedings or substantial additional work being done by the Tribunal in relation to contentious requests for interim measures, challenges of an arbitrator or jurisdictional pleas. However, in no event shall an increase be more than 30% (thirty percent) of the Tribunal fee prescribed in the NCAC Fee Schedule.
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