Administrative Resolution No. 22/22

REF.: DISCLOSURE OF THE COMPOSITION OF THE ARBITRAL TRIBUNALS CONSTITUTED IN THE PROCEEDINGS ADMINISTERED BY CAMARB

The President of CAMARB – Câmara de Mediação e Arbitragem Empresarial – Brasil, in the exercise of its powers foreseen in the Bylaws[1] and

1. That it is the mission of this Chamber to offer and promote solutions for the extrajudicial resolution of corporate disputes with agility and efficiency, adopting the best practices in the administration of the proceedings.

2. The principle of transparency, within the limits of confidentiality imposed by items 13.1[2] of the CAMARB Arbitration Rules 2019, 9.2[3] of the CAMARB Labour Arbitration Rules and 10.2[4] of the CAMARB Expedited Arbitration Rules.

3.The provisions of Article 13, §6[5] of Law No. 9,307/96 (Arbitration Law), which provides for the arbitrators to act independently, impartially and diligently.

Resolves that:

4. CAMARB shall start publishing information on the composition of the Arbitration Tribunals constituted in the proceedings it administers as of the effective date of this Resolution mentioned in item 11.

5. The publication shall be made on the CAMARB website (camarb.com.br), after the execution of the Arbitration Minutes, and shall contain the following information

i. fictitious number not corresponding to the numbering assigned internally to the arbitration proceeding;

ii. Full name of the arbitrator

iii. Nationality of the arbitrator;

iv. whether the arbitrator was appointed by one of the parties, by the parties jointly, by the co-arbitrators, by CAMARB’s Board of Directors, or by any other hypothesis not provided for in this Resolution;

v. Position that the arbitrator assumes in the Arbitral Tribunal (president/co-arbitrator/sole arbitrator);

vi. Name of the administrative secretary of the Arbitral Tribunal, if any;

vii. Date of signature of the Arbitration Minutes;

viii. Status of the arbitration proceeding (active, suspended, or closed).

6. The following information shall not be published

i. names of the parties involved in the proceedings;

ii. number internally allocated to the arbitration proceedings

iii. the names of the attorneys-in-fact representing the parties

iv. other information not listed in item 5 hereof.

7. The information shall not be published in the event of manifestation to the contrary by any of the parties.

8. The party that does not agree with the disclosure of information on the composition of the Arbitral Tribunal shall express its disagreement by means of a petition to be filed with the file of the respective arbitration proceedings.

9. By accepting to act as arbitrator in proceedings administered by CAMARB, the arbitrator agrees to the publication of the information listed in item 5 of this Resolution.

Notes:

10. The CAMARB Secretariat shall periodically update the information on the composition of the Arbitral Tribunals, both when new arbitral proceedings are initiated and when there are changes in the Arbitral Tribunals, without disclosing the reasons therefore.

11. This Resolution shall enter into force on the present date and shall apply to all proceedings requested thereafter.

Belo Horizonte, November 11, 2022

Flávia Bittar Neves
President

__________________________

[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] 13.1 The arbitration proceeding shall be strictly confidential, CAMARB, the arbitrators, other professionals acting in the case, and the parties themselves, being prohibited to disclose any information to which they have access as a result of their office or participation in the proceeding, without the consent of all parties, except for the cases in which there is a legal obligation of publicity and the provisions of these Regulations.

[3] 9.2. The arbitration proceeding shall be strictly confidential, and CAMARB, the arbitrators, other professionals acting in the case and the parties themselves shall not disclose any information to which they have access as a result of their office or participation in the proceeding, without the consent of all the parties, except for the cases in which there is a legal obligation of publicity and the provisions of these Rules. In the event of item 3.8, the CAMARB Secretariat is authorized to inform the names of the parties, the subject matter of the dispute and its value to the professionals it intends to include in the list to be presented to the parties, for purposes of prior verification of interest, availability, independence and impartiality.

[4] 10.2 The arbitration proceedings shall be strictly confidential, and CAMARB, the arbitrators, other professionals acting in the case and the parties themselves are forbidden to disclose any information to which they have access as a result of their office or participation in the proceedings, without the consent of all the parties, except in cases where there is a legal obligation of publicity and the provisions of these Rules. In the event of item 3.8, the CAMARB Secretariat is authorized to inform the names of the parties, the subject matter of the dispute and its value to the professionals it intends to include in the list to be presented to the parties, for purposes of prior verification of interest, availability, independence and impartiality.

[5] § 6 In the performance of his function, the arbitrator shall proceed with impartiality, independence, competence, diligence and discretion.