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Article
1.- Definitions
The administrative expenses for the services of the Peruvian Cibertribunal
and the legal fees for the arbitrators and conciliators, are governed
by these regulations, being applicable the prevailing tariffs at the date
of beginning of the procedure.
Article
2º.- Approval of the rooster of tariffs
The Board of the Conciliation Center Peruvian Cibertribunal will approve
the rooster of tariffs for arbitrators and conciliators for administration
services.
ARBITRATION
Article 3º .- Costs of Arbitration
The cost of arbitration includes legal fees of the arbitrator and the
administrative expenses. The payment of such is compulsory for the parties
in accordance to the Conciliation Regulation.
a. The Secretariat will determine the administrative expenses for arbitration
in accordance to the established Tariff.
b. Before doing any expert testimony the parties must pay for such in
advance in an amount to be set by the Center which must be sufficient
to cover the legal fees and the expenses of the expert witness. The same
criteria will apply for any other form of evidence.
Article
4º .- Form to calculate the tariff,
To calculate the amount of administrative expenses and legal fees of the
arbitrators, the percentages indicated in the tariff table will apply,
If the parties do not agree in the amount of the controversy, the highest
amount indicated by the parties will be used to calculate the legal fees
and administrative expenses.
Article
5º .- Tariff for the appointment of an Arbitrator in a non administrative
procedure of the Peruvian Cibertribunal
The Peruvian Cibertribunal will charge a percentage as a tariff taking
into consideration the amount of the procedure being the minimum tariff
one hundred United States Dollars (US$100.00) to appoint an arbitrator
in a non administrative procedure. Said amount will be paid by the party
requesting the arbitration as a condition precedent to appoint the arbitrator.
The indicated tariff covers the expenses related to the rendering of services
by the Peruvian Cibertribunal with regarding to appointment as well as
the substitution or change of another arbitrator.
CONCILIATION
Article
6º .- Application tariff
a) The applicant to a extra judicial conciliation must pay sixty United
States Dollars (US$60.00) for submitting its application. The party invited
to conciliate must also pay sixty United States Dollars (US$60.00) to
participate in the extra judicial conciliation Hearing. If there are more
than two parties invited to conciliate each one will pay sixty United
States Dollars (US$60.00) to participate at the Hearing.
b) In case that the parties invited to the conciliation do not appear
after two invitations, the applicant will receive the Minutes of the Conciliation
hearing without making further payments.
c) In case there is a extra judicial conciliation Hearing the amount of
the tariff will vary depending on the amount of the controversy which
must be paid before the Hearing.
d) No application will be considered unless it comes with the payment
of the application tariff.
Article
7º .- Conciliation expenses and legal fees of conciliator
a) The administrative expenses for the conciliation procedure depend on
the amount of the controversy and the tariff table will apply.
b) The Secretariat will set the legal fees of the conciliator, applying
the corresponding tariff of legal fees.
To
calculate the amount of administrative expenses and legal fees of the
extra judicial conciliator the amount of the controversy will be taken
into consideration and in case the Hearing takes place the following criteria
will apply:
1. Before the hearing the party that requests the conciliation must pay
50% of 0.8% of the amount of the controversy
2. The balance will be paid before delivering the Minutes of the Hearing
Article
8.- Tariff to appoint a conciliator in issues that do not entail a
judicial issue.
The Peruvian Cibertribunal charges each party sixty United States Dollars
(US$60.00) to carry out a conciliation proceeding when the matter will
not entail a judicial issue,
Article
9.- Concept of tariff
All payments for tariffs of conciliation and arbitration include the administrative
tariff, legal fees of the arbitrator and conciliator and sales tax.
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