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Fees

The above mentioned arbitrators’ and administrative fees charged by CAM Santiago are applicable and effective as of January 1st, 2012 and govern all arbitrations beginning on or after such date, notwithstanding the text of the Rules of Arbitration Procedure to which these arbitrations are subject.

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Arbitrators' Fees of CAM Santiago

Amount of the matter under dispute in U.F.
Fees
From To
Minimum
Maximum
1.100
50 UF
10%
1.101
8.000
1%
5,5%
8.001
25.000
1%
4%
25.001
65.000
0,5%
2,5%
65.001
150.000
0,25%
1%
150.001
350.000
0,15%
0,6%
350.001
1.850.000
0,04%
0,16%
ABOVE 1.850.000
0,01%
0,04%

*The minimun fee of the arbitral tribunal is 50 Unidades de Fomento (UF). The parties will pay a proportion of this amount, according to their number. The minimun fee of the arbitral tribunal of 50 UF, will be accrued as of the moment the arbitrator accepts the designation.

The basis for calculation of the arbitrators fees is the amount of the matter under dispute and the sections are added as considered marginal. Whenever the amount of the contentious matter is not determined or capable of being determined, the fees shall 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 CAM Santiago for a definite settlement.

In the event the arbitral tribunal is comprised of 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 tribunals 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, save unanimously agreed otherwise thereby.

Amounts paid to the arbitrator do not include any taxes applicable to the arbitrator’s fees. Parties have a duty to pay any such taxes.

Administrative Fee of CAM Santiago

The administrative fee charged by CAM Santiago is equal to 10% of the arbitrator fee, with a minimum of 50 UF. The same fee will apply to arbitration tribunals of appeal.

At the time of requesting the arbitration, the applicant shall pay an administrative fee of 25 UF to CAM Santiago in its equal value in Chilean pesos of the payment day. 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, independently of what the arbitral tribunal resolves about the arbitration costs in the final award. This amounts shall not be reimbursed, but they shall be attributable to the final administrative fee.

The sums stated above do not include judicial costs inherent to the lawsuit, therefore, such costs will be added to the tribunal fee and to the administrative fee, according to the real values thereof. The arbitrator shall prudently regulate the values that are not accurately known.

During the arbitration process, the arbitration tribunal and CAM Santiago shall be empowered to charge the parties the amount they deem pertinent as a provision for expenses, fees and the administrative fee, considering the table of fees and the corresponding administrative fee.

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