The foregoing arbitrators’ and administrative fees charged by CAM Santiago are applicable and effective as from 1 January 2012 and govern all arbitrations started on or after such date, notwithstanding the text of the Rules of Arbitration Procedure to which these arbitrations are subject.
The Calculator helps the parties to arbitration administrated by the CAM Santiago understand in advance the approximate fees for arbitrators and the administrative fee of such CAM Santiago. Start by inputting the amount in dispute in the equivalent in U.F. and selecting the number of Arbitrators.
The result will give you an approximate idea of the costs involved in the arbitration. These amounts are referential, have no legal consequences, and are not an absolute reflection of the end costs.
|Amount of the matter under dispute in U.F.||Fees|
* The minimum fee of the arbitration tribunal is 50 Unidades de Fomento (UF). The parties will pay a proportion of this amount, according to their number. The minimum fee of the arbitration tribunal is 50 UF, which will be accrued as from the date the arbitrator accepts the appointment.
The basis for calculation of the arbitrators’ fees is the amount of the matter under dispute and whatever sections are added will be considered marginal. Whenever the amount of the contentious matter is not determined or is not possible to set it, then the fees will be fixed at the discretion of the arbitration tribunal. In the event of disagreement between one or more of the parties and the arbitrator on the amount of the fee thereof, they may resort to the Council of the CAM Santiago for a definite settlement.
In the event the arbitral tribunal encompasses three arbitrators, the values of the precedent fee, including the minimum fee, may be increased up to 50% and shall be equally allocated to each arbitrator, unless they unanimously agreed otherwise.
Regarding the Arbitration Courts of Appeal, the preceding fee table shall be applied considering the amount of the contentious matter and the resulting fees will be equally allocated among the arbitrators, unless unanimously agreed otherwise.
The amounts paid to the arbitrator do not include any taxes applicable to the arbitrator’s fees. The parties must pay any such taxes.
The administrative fee charged by the CAM Santiago is equal to 10% of the arbitrator fee, with a minimum of 50 UF. The same fee will apply to the Arbitration Courts of Appeal.
At the time of requesting the arbitration, the applicant will pay an administrative fee of 25 UF to CAM Santiago in its equivalent value in Chilean pesos at the payment date. Without this payment, the arbitration cannot be processed. The same amount shall be paid by the counterpart once the arbitrator is appointed. In case of default, the requesting party shall pay de minimum administrative fee of 50 UF, irrespective of what the arbitration tribunal decides about the arbitration costs in their final verdict. These amounts shall not be reimbursed, but they shall be attributable to the final administrative fee.
The foregoing sums do not include judicial costs inherent to the lawsuit. Therefore, such costs will be added to the tribunal fee and to the administrative fee, in line with the relevant real values. The arbitrator shall prudently regulate the values which are not accurately known.
During the arbitration process, the arbitration tribunal and the CAM Santiago shall be empowered to charge the parties the amount they deem pertinent as a provision for expenses, fees and the administrative fee, using as a basis the table of fees and the corresponding administrative fee.