THE PROBLEM

8.3. Pursuant to the Table of Expenses, the arbitration fees, namely
administration fees and arbitrators’ fees, were calculated based on the
amount of US$ 2,387,430.80 (two million, three-hundred and eighty-seven
thousand, four hundred and thirty United States dollars and eighty cents).
Nonetheless, at any time, the CAM-CCBC may reassess the amount in
dispute based on the Parties’ claims and the documents presented.
IX.
PROVISIONAL CALENDAR
[omitted]
X. DOCUMENTARY EVIDENCE
10.1. Copies of documents shall be valid evidence as if they were the original,
unless deemed unacceptable by the Arbitral Tribunal.
[omitted]
XI.
OTHER PROCEDURAL RULES
[omitted]
XII.
COSTS AND EXPENSES
[omitted]
12.1. Default in payment: Any default of the Parties with respect to requested
payments shall give rise to the provisions set forth in Articles 12.10 to
12.12 of the Rules.
12.2. [omitted]
12.3. Costs and fees: The Arbitral Award shall establish the responsibility
related to the payment of administrative costs and fees, Arbitrators’ fees
and Tribunal-appointed experts’ fees, attorneys’ fees, as well as the
reasonable expenses incurred by the parties in their defense process. The
Arbitral Tribunal shall also fix the amount or the proportion of refund of
one party to the other. The Arbitrators will consider the behavior of the
parties in order to reduce the amount of cost refund.
12.4. During the course of the arbitration proceedings, each party shall bear the
fees of its respective attorneys and possibly of technical assistants, of its
free choice.
12.5. The Parties, the Arbitrators and the Representatives of CAM-CCBC execute
these Terms of Reference, so as to produce all legal effects, in the presence
of the two witnesses identified below.
Danubia, 22 August 2016.
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