Excellence in the administration of extrajudicial procedures for preventing and resolving business conflicts

Administrative Guidance No. 03/25

Ref.: REF.: PERFORMING EXPERTISE IN CAMARB PROCEDURES
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The Presidency of CAMARB – Chamber of Business Mediation and Arbitration – Brazil, in the exercise of its powers provided for in the Bylaws[1], resolves to issue this Administrative Guideline, which provides for the organization and best practices for carrying out expert assessments in procedures administered by CAMARB.

 

(I) General Provisions

1.1. This Administrative Guideline aims to ensure the adoption of best practices for carrying out expert assessments within the scope of procedures administered by the Chamber.

 

(II) Documentation to be presented by the Expert

2.1. The Expert appointed by consensus by the Parties, Arbitrators, Emergency Arbitrators, Mediators or Members of Dispute Prevention and Resolution Committees (“CPRDs”) must present, at the time of accepting the position, the Declaration of Availability, Non-Impediment, Independence and Impartiality for Expert, as well as the two questionnaires attached thereto, duly completed and signed by the professional.

2.1.1. In the absence of a specific determination by the Arbitrator(s), Emergency Arbitrator(s), Mediators or Member(s) of CPRD's, the deadlines for the Parties to make their statements and any objection to the Expert shall be the same as those established in the applicable regulations for objection to Arbitrator(s), Emergency Arbitrator(s), Mediators or Member(s) of CPRD's.

2.1.2. It will be up to the Arbitrators, Emergency Arbitrators, Mediators or CPRD Members to decide on any challenge to the Expert.

2.1.3. If there is a determination by the Arbitrators, Emergency Arbitrators, Mediators or Members of CPRDs, the Secretariat may forward the Expert Questionnaire to be answered by Experts appointed by the Parties.

2.1.4. The professional who is consulted to act as an Expert by the CAMARB Secretariat, upon determination of the Arbitrators, Emergency Arbitrators, Mediators or Members of CPRDs, must complete the CAMARB standard Confidentiality Agreement, before having access to any information or documents of the procedure.

2.2. It is the Expert's responsibility to disclose any circumstances that may give rise to justified doubts about their independence and impartiality throughout the procedure.

 

(III) Methodology and organization of expert work

3.1. Considering the need to define the methodology and scope of expert work, as well as the principles and instructions that will guide the production of evidence, it is recommended that a term of reference be adopted before the start of expert work, addressing the following points, among others that may be necessary depending on the specific case:

(i) Factual summary of the dispute;
(ii) Ratification of the appointment of the Expert;
(iii) Definition of the scope of expert work;
(iv) Methodology and schedule to be adopted for carrying out the expert work;
(v) Format and frequency of meetings between the Expert and technical assistants and whether or not lawyers are expected to participate;
(vi) Form of presentation of statements between the Parties, through their technical assistants and Experts provided for in the schedule;
(vii) Access by the Expert to the proceedings; and
(viii) Costs and expenses, defining the responsibilities for collection and payment method for expert fees.

3.2. At the request of the Arbitrators, Emergency Arbitrators, Mediators or Members of CPRDs, the CAMARB Secretariat may:

(i) Create file sharing links for uploading and exchanging statements during the expert assessment;
(ii) Generate links for virtual meetings between the Expert, the Parties and their Technical Assistants;
(iii) Grant access to the CAMARB Electronic Procedures System; and
(iv) Receive statements to be circulated in the electronic records, after consultation with Arbitrators, Emergency Arbitrators, Mediators, CPRD Members.

 

(IV) Payment of expert fees

4.1. CAMARB will be responsible for managing the expert fees deposited by the Parties under the terms of Administrative Guidance No. 01/25 .

4.2. Expert fees should preferably be deposited by the Parties, in full, before the Expert(s) begin their work, in an account managed by CAMARB.

4.2.1. If it is agreed that the expert fees will be deposited by the Parties within the time frames defined by the fulfillment of the Expert's deliveries, by means of installments, the Party must make the payment of the installment due upon notification from the CAMARB Secretariat, into an account managed by the Chamber, for subsequent transfer to the Expert(s).

4.2.2. It will be up to the Arbitrators, Emergency Arbitrators, Mediators or Members of CPRDs to define the form of payment to the Experts of the fees due to them and previously guaranteed by the Parties in an account managed by CAMARB, which will only be paid to the Expert by CAMARB upon prior express authorization of the Arbitrators, Emergency Arbitrators, Mediators or Members of CPRDs.

 

Belo Horizonte, June 26, 2025.

Flavia Bittar Neves
President of CAMARB

 

[1] Art. 20 – Without prejudice to other duties provided for in this Statute, the President shall:

j) issue resolutions, regulations or acts on matters relating to the administration of CAMARB or procedures administered by it.

 

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