Administrative Resolution No. 19/21
REF.: SCANNING AND DISPOSAL OF THE PHYSICAL RECORDS OF ARBITRATION PROCEEDINGS CLOSED UNDER THE RGULATIONS PRIOR TO 2017
The President of CAMARB – Chamber of Business Mediation and Arbitration – Brazil, in the exercise of his duties set forth in the Bylaws [1], decides to issue this resolution on scanning and disposal of the physical records of arbitration proceedings closed under the Regulations prior to 2017.
1. General Provisions
1.1 Considering the absence of regulation on the disposal of the physical records of the procedures administered by CAMARB under the Arbitration Regulation of 1999.
1.2 Considering the absence of regulation on the disposal of the physical records of the procedures administered by CAMARB under the Arbitration Regulation of 2004.
1.3 Considering the absence of regulation on the disposal of the physical records of the procedures administered by CAMARB under the Arbitration Regulation of 2010.
1.4 Considering the provisions of item 13.6 [2] of the 2017 CAMARB Arbitration Regulation.
1.5 Considering the provisions of item 13.6 [3] of the 2019 CAMARB Arbitration Regulation.
1.6 Considering CAMARB’s commitment to keep a high standard of quality in the administration of arbitration procedures and other extrajudicial forms of dispute resolution.
1.7 He resolve that the procedures closed under the CAMARB Arbitration Regulations of 1999[4], 2004[5] and 2010[6] and that have physical records stored at CAMARB’s headquarters will be discarded, with only the scanning of essential documents of the aforementioned procedures being kept under the Chamber’s care.
2. Application
2 .1 This resolution does not apply to the procedures under the CAMARB Arbitration Regulation of 2017 and the CAMARB Arbitration Regulation of 2019, as they have their own rules on the disposal of physical records after five (5) years have elapsed from the delivery of the final arbitral award[7] .
2.2 Patrons registered in the records of closed arbitration proceedings, under the Regulations prior to 2017, may request the scanning of the physical records until January 31, 2022.
2.3 Nevertheless, lawyers, without a valid power of attorney or not registered in the records of the procedures referred to in this public call, may present a valid power of attorney to obtain the scanning of the entirety of the physical records until January 31, 2022.
2.4 The costs for scanning the physical records will be borne by the requesting party, with the respective estimate being presented by the CAMARB Administration Office, and the requesting party must confirm its interest in the scanning within the period of two (2) business days after receiving the estimate.
2.5 Failure to confirm the interest in scanning, as per item 2.5 above, will imply tacit acceptance for disposal of the physical records and exclusive maintenance of the scanning of essential documents of the procedure.
2.6 Essential documents for scanning and storage by CAMARB include the following:
i. Board Resolutions;
ii. Term of Arbitration or Term of Commencement;
iii. Initial Claims and Reply;
iv. Closing Claims;
v. Arbitral Awards (partial and final);
vi. Clarification Decisions;
vii. Proof of delivery/receipt of final decisions.
2.7 After January 31, 2022, CAMARB – Business Mediation and Arbitration Chamber – Brazil is expressly authorized to discard all physical records of proceedings under the Regulations prior to the CAMARB Arbitration Regulation of 2017[8], with the exception of the digital storage of the aforementioned essential documents.
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[1] Art. 19 – Without prejudice to the other attributions provided for in the Bylaws, it is incumbent upon the President:
g) to issue resolutions, regulations or acts on matters pertaining to the administration of CAMARB or procedures administered by it.
[2] 13.6 After five (5) years from the delivery of the final arbitral award, CAMARB is authorized to discard the proceedings, leaving only the arbitral awards filed.
[3] 13.6 After five (5) years from the delivery of the final arbitral award, CAMARB is authorized to discard the proceedings, leaving only the arbitral awards filed.
[4] Arbitration Regulation of the Minas Gerais Chamber of Arbitration 1999.
[5] Arbitration Regulation of the Business Arbitration Chamber – Brazil (CAMARB) 2004.
[6] Arbitration Regulation of CAMARB – Business Arbitration Chamber – Brazil 2010.
[7] Items 13.6 of the 2017 and 2019 Regulations: Five (5) years after the delivery of the final arbitral award, CAMARB is authorized to discard the proceedings, leaving only the arbitral awards filed.
[8] To wit: (i) Arbitration Rules of the Minas Gerais Arbitration Chamber of 1999, (ii) Arbitration Rules of the Business Arbitration Chamber – Brazil (CAMARB) of 2004, and (iii) Arbitration Rules of CAMARB – Business Arbitration Chamber – Brazil 2010.
Belo Horizonte, december 9 2021.
Augusto Tolentino Pacheco de Medeiros
President of CAMARB