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in<strong>for</strong>mation<br />

TABLE A: BASIC LUMP SUM FEE<br />

(I) SCALE OF BASIC LUM SUM FEE<br />

The following Scale of Fees <strong>for</strong> an arbitra<strong>to</strong>r shall apply <strong>to</strong> each<br />

separate claim and counter-claim/set off.<br />

Where sums are claimed under one main head of claim and itemised<br />

under separate sub-heads based upon a common set of law, fact<br />

and evidence, such sums shall be treated as one aggregated sum<br />

<strong>for</strong> the purpose of this Scale of Fees.<br />

Heads or sub-heads of claims based upon different sets of law, fact<br />

and evidence shall be treated as separate claims.<br />

Amount in Dispute<br />

First 10,000,000<br />

Next 15,000,000<br />

First 25,000,000<br />

Next 25,000,000<br />

First 50,000,000<br />

Remainder<br />

Scale of Fees<br />

(RM) Percentage Amount (RM)<br />

@ 0.15%<br />

@ 0.10%<br />

@ 0.05%<br />

49,000<br />

22,500<br />

71,500<br />

25,000<br />

96,500<br />

Amount in Dispute<br />

First 50,000<br />

Next 50,000<br />

First 100,000<br />

Next 150,000<br />

First 250,000<br />

Next 250,000<br />

First 500,000<br />

Next 500,000<br />

First 1,000,000<br />

Next 1,500,000<br />

First 2,500,000<br />

Next 2,500,000<br />

First 5,000,000<br />

Next 5,000,000<br />

@ 2.5%<br />

@ 2.0%<br />

@ 1.5%<br />

@ 1.0%<br />

@ 0.5%<br />

@ 0.4%<br />

@ 0.3%<br />

Scale of Fees<br />

(RM) Percentage Amount (RM)<br />

First 25,000<br />

@ 6.0%<br />

2,000<br />

Next 25,000<br />

1,500<br />

3,500<br />

1,250<br />

4,750<br />

3,000<br />

7,750<br />

3,750<br />

11,500<br />

5,000<br />

16,500<br />

7,500<br />

24,000<br />

10,000<br />

34,000<br />

15,000<br />

(II) STAGE PAYMENTS<br />

The above Basic Lump Sum Fee shall become due and payable in<br />

stages as hereunder:<br />

(1) upon appointment 10%<br />

(2) upon delivery of statement of claim a further 15%<br />

(3) upon delivery of statement of defence a further 15%<br />

(4) upon the close of pleadings a further 10%<br />

(5) upon award published the remaining 50%<br />

(6) Total: 100%<br />

(III) ARBITRATION ABANDONED/TERMINATED<br />

If the arbitration is abandoned/terminated by parties after the close<br />

of pleadings and be<strong>for</strong>e the final award, part of the Basic Lump Sum<br />

Fee shall be chargeable in lieu of Item (5) above as follows:<br />

(1) Be<strong>for</strong>e the commencement of hearings 5%<br />

(2) After the commencement of hearings<br />

but be<strong>for</strong>e closing submissions : arbitra<strong>to</strong>r <strong>to</strong> assess :<br />

up <strong>to</strong> 25%<br />

(3) After closing submissions but be<strong>for</strong>e award :<br />

arbitra<strong>to</strong>r <strong>to</strong> assess : up <strong>to</strong> 50%<br />

(IV) NON-MONETARY CLAIMS<br />

Where a claim or counter-claim does not state a monetary amount,<br />

an arbitra<strong>to</strong>r's fees shall be charged on time basis at the rate of<br />

RM350 per hour.<br />

Talk on ‘Clean Development Mechanism’<br />

report<br />

Chemical Engineering Technical Division<br />

by Engr. Juares Rizal bin Abd. Hamid, MIEM, P. Eng.<br />

The talk, organised by the Chemical Engineering Technical<br />

Division, was attended by 74 participants. It focused on the<br />

subject of the potential benefits <strong>for</strong> the greenhouse gas reduction<br />

initiative in developing countries, including Malaysia. In<br />

particular, it highlighted the Clean Development Mechanism<br />

(CDM) as a means <strong>for</strong> and <strong>to</strong>wards achieving greenhouse gas<br />

(GHG) reduction in project activities.<br />

The speaker was Engr. Thayananthan Balakrishnan who has<br />

had over 10 <strong>year</strong>s of experience in the process engineering process<br />

plant management and initiation of a CDM project <strong>for</strong> nitrous<br />

oxide abatement in the industrial manufacture of nitric acid.<br />

The talk started with a presentation on the background and<br />

chronological development of the CDM provision. The speaker<br />

<strong>to</strong>uched on the United Nations Framework Convention on<br />

Climate Change (UNFCCC) of the Rio Earth Summit in 1992<br />

– the initiative having the objective of stabilising greenhouse<br />

gas concentrations in the atmosphere at such levels that would<br />

prevent anthropogenic interference with the climate system.<br />

Following the event and in 1997, the Kyo<strong>to</strong> Pro<strong>to</strong>col was<br />

initiated and adopted where legally binding targets <strong>for</strong> such<br />

stabilisation were laid down <strong>for</strong> the industrialised countries<br />

– referred <strong>to</strong> as the Annex 1 countries. In February 2005, the<br />

Kyo<strong>to</strong> Pro<strong>to</strong>col was sanctioned as a legally binding document<br />

of en<strong>for</strong>cement in the Annex 1 countries; and the CDM is one of<br />

the means adopted by the Annex 1 industrialised countries <strong>to</strong><br />

achieve their legally binding targets of en<strong>for</strong>cement.<br />

The talk further discussed the basic fundamentals of CDM<br />

project development and those steps that potential project<br />

developers need <strong>to</strong> go through <strong>to</strong>wards eventual generation<br />

of the incentiving Certified Emission Reduction (CER) where<br />

actual income can be derived from the initiative taken. The<br />

Kyo<strong>to</strong> Pro<strong>to</strong>col also calls <strong>for</strong> the voluntary participation of non-<br />

Annex 1 developing countries, including possibly Malaysia, in<br />

the initiative. To this end, the talk presented the CDM project<br />

potential in Malaysia, briefly citing a number of case studies<br />

related <strong>to</strong> it. n<br />

12 June <strong>2009</strong> Jurutera

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