I - INTRODUCTION
1.1 THE BUSINESS ARBITRATION CHAMBER – BRAZIL, hereinafter referred to as CAMARB, constitutes an institutional body for the extrajudicial resolution of disputes.
1.2 The CAMARB Arbitration Rules, abbreviated as “Rules”, will apply whenever an arbitration clause stipulates the adoption of the arbitration rules of CAMARB, of the International Chamber of Commerce of Brazil or, even, when adopted by agreement between the parties.
1.3 Any cases not covered by the Rules shall be governed by Law No. 9.307 of September 23, 1996, and by treaties and conventions on arbitration that are applicable in Brazilian territory. In the absence of a stipulation in such instruments, any cases not covered by the Rules shall be resolved by deliberation of the CAMARB Board of Directors or by decision of the Arbitration Tribunal.
II – THE INSTITUTION OF ARBITRATION
- Anyone wishing to settle a dispute relating to available property rights under the administration of CAMARB must communicate their intention to the Secretariat of this entity, immediately indicating the name, address and full qualification of the other party(ies), the subject of the dispute and its estimated value, attaching a copy of the essential documents to it.
- The CAMARB Secretariat will send to the defendant party(ies) a copy of the request and its attachments, as well as a copy of these Rules and the list of names that make up its List of Arbitrators, inviting them within 14 (fourteen) days from receipt, to express their agreement with the institution of arbitration.
2.3 After the defendant party(ies) has expressed their agreement to the institution of arbitration, the General Secretariat of CAMARB will request the parties to appoint, within 7 (seven) days, the main arbitrator(s) and respective alternate(s) to serve in the arbitration proceeding. When the parties appoint an even number of arbitrators, they will be authorized to immediately appoint, within 7 (seven) days, one more main arbitrator and respective alternate to be part of the arbitration tribunal. If they do not reach a consensus within this period, it will be up to the Board of Directors of CAMARB, within 7 (seven) days, to make said appointment from among the names that are part of the List of Arbitrators.
2.4 When more than one party is a claimant or defendant, the right to appoint arbitrator(s) will be exercised jointly by the parties that are on the same procedural pole.
2.5 Once the arbitrator(s) have been appointed, the CAMARB General Secretariat will request that they express their acceptance within 7 (seven) days. Upon accepting the appointment, the arbitrator(s) must sign a declaration of non-impediment, attaching it to the respective statement.
2.6 Within 7 (seven) days of the appointment of the arbitrator(s), the General Secretariat of the CAMARB will prepare the arbitration agreement, if applicable, which will contain:
- a) the name, profession, marital status and domicile of the parties;
- b) the name, profession and address of the arbitrator(s) appointed by the parties, as well as of their alternate(s);
- c) the matter that will be the object of the arbitration;
- d) the place or places where the arbitration will take place, and the place where the arbitration award will be issued;
- e) authorization for the arbitrator(s) to rule on equity, outside the rules of law, if so agreed by the parties;
- f) the deadline for submitting the arbitration award;
- g) the language in which the arbitration proceedings will be conducted;
- h) determination of the form of payment of the fees of the arbitrator(s) and the Administrative fee, as well as the declaration of responsibility for the respective payment and for the expenses of the arbitration;
- i) the signature of 2 (two) witnesses.
2.7 The parties and the arbitrator(s) must sign the arbitration agreement within 7 (seven) days following CAMARB's summons to do so, and must, at the same time, pay the Administrative fee and deposit the fees of the arbitrator(s).
2.8 If either party, having entered into an arbitration clause designating the CAMARB Arbitration Rules to govern the arbitration, or, after agreeing to the establishment of arbitration administered by CAMARB, If the party fails to appoint its arbitrator and respective substitute, or fails to sign the arbitration agreement within the time limits set forth above, the Board of Directors of CAMARB may, as the case may be, appoint the arbitrator not appointed by one of the parties, or the sole arbitrator to resolve the dispute, from among the names on its List of Arbitrators. If applicable, the Secretary General of CAMARB shall again summon the missing party to sign the arbitration agreement within 7 (seven) days of receipt of the summons.
2.9 Once the period provided for in the preceding item has elapsed, e If any of the parties continues to fail to sign the arbitration agreement, the other party(ies) may:
- request, in accordance with the law, the summons of the omitted party(ies) to appear in court in order to sign the arbitration agreement, or
- provided that the arbitration clause determines the application of the CAMARB Arbitration Rules, request that it promote the progress of the arbitration, and the defaulting party, in this case, must be notified of all procedural acts, and may, at any time, assume the arbitration procedure in the state in which it is taking place.
2.10 The procedural acts must be carried out within the deadlines provided for in these Arbitration Rules, or as determined by the arbitrator(s), and will be computed from the date of receipt of the notification issued by the General Secretariat of CAMARB for their respective performance.
III – OF THE REFEREES
3.1 Both members of the CAMARB List of Arbitrators and others who are not part of it may be appointed as arbitrators, provided that they are not prevented from doing so, under the terms of the law and subsequent rules and that their names are approved by the Board of Directors.
3.2 The person(s) appointed to act as arbitrator(s) shall sign a document declaring, under penalty of law, that they are not subject to any impediment or suspicion, and must inform of any circumstance that may give rise to justifiable doubts as to their impartiality or independence, in relation to the parties or the controversy submitted for their consideration.
3.3 The following persons may not act as arbitrators:
a) is a party to the dispute;
b) has intervened in the dispute as an agent of either party, mediator, witness or expert;
c) is a spouse or relative up to the third degree of either party or their attorney;
d) participate in the management or administrative body of a legal entity that is a party to the dispute, or participate in its capital;
e) is a close friend or enemy of either party, or of their attorney;
f) is in any other way interested, directly or indirectly, in the judgment of the case in favor of either party.
3.4 Should any of the situations referred to in the previous item occur, the arbitrator must immediately declare his/her impediment and refuse to be appointed, or present his/her resignation, even when he/she has been appointed by consensus of the parties, remaining personally liable for any damages caused as a result of failure to observe this duty.
3.5 If no such person has been designated in the agreement itself, the president of the arbitral tribunal shall be chosen by consensus or, if necessary, by a majority of the arbitrators appointed by the parties, at the first session of the arbitral tribunal. If neither consensus nor a majority is reached, the oldest arbitrator shall be designated as president.
3.6 If any appointed arbitrator dies, is declared disqualified or suspect, or becomes unable to perform his duties, he shall be replaced by the alternate arbitrator indicated in the arbitration agreement. In this case, a new alternate arbitrator shall be appointed, within 7 (seven) days from the removal of the replaced arbitrator, by the same party that appointed him; if he fails to do so within the stipulated period, it shall be up to the Board of Directors to designate the new alternate arbitrator from among the names that make up the CAMARB List of Arbitrators.
IV - OF ATTORNEYS
4.1 The parties may be represented by attorneys, who are lawyers legally qualified to practice the profession, with sufficient powers to act on behalf of the represented party in all acts relating to the arbitration proceedings.
4.2 All communications, notifications or summons of procedural acts will be made to the party, or to the attorney appointed by it, by letter, facsimile, telegram, electronic mail or any other form of written communication, addressed to the address known by the CAMARB Secretariat.
V - OF THE PROCEDURE
5.1 Once the arbitration has been instituted, the president of the arbitration court will immediately appoint a secretary, who will draft the Proceedings Commencement Term, in which the procedural issues relevant to the proper conduct of the process will be established.
5.2 The parties shall each have a successive period of 7 (seven) days, counting from the date of the Proceedings Initiation Term, to present their written allegations, containing the list of evidence they intend to produce. After said period, the arbitration tribunal shall set the date of the opening hearing, to be held within the following 14 (fourteen) days.
5.3 At the opening hearing, the arbitration court will initially attempt to reach an agreement between the parties. If the agreement fails, the arbitration court will grant the parties a common period of 7 (seven) days to contest the allegations of the other party(ies), if they so wish.
5.4 Once the time limit for objection has expired, the arbitral tribunal, if it deems an evidentiary hearing necessary, shall designate the date, time and place for the hearing, which shall take place within a timeframe compatible with the evidence to be produced. If it deems that no new evidence is necessary, the arbitral tribunal shall declare the evidentiary hearing closed and grant the parties a common period of 7 (seven) days to present their final arguments.
5.5 If there is evidence to be produced, the parties must, up to 14 (fourteen) days before the date of the evidentiary hearing, complete the presentation of all that they deem useful for the investigation of the case and for the clarification of the arbitrators, except for that to be produced at the hearing, with the arbitration court being responsible for deciding on the acceptability of the evidence requested.
5.6 If any of the arbitrators considers it necessary, in order to convince him, to conduct a hearing outside the seat of the arbitration, the president of the arbitral tribunal shall determine the day, time and place of the hearing, informing the parties thereof, so that they may attend it, if they so wish.
5.7 Expert evidence shall be admitted when, in the discretion of the arbitral tribunal, it is necessary to establish a matter of fact that cannot be clarified in any other way. Expert evidence may be requested by the party that so desires, or determined by the arbitral tribunal, and must be provided by a single expert appointed by the tribunal from among persons with recognized expertise in the subject matter of the dispute, up until the date of the hearing. If the expert opinion is granted, the arbitral tribunal shall order the party(ies) to deposit the amount of the expert's fees, shall present any questions it deems necessary and shall allow the parties to present questions within a common period of 7 (seven) days, counted from the date on which they are notified of the approval of the expert opinion.
5.8 The evidentiary hearing will be held by the president of the arbitration court, with the presence of the other arbitrators and the secretary, on the designated day, time and place.
5.9 Once the hearing has been held, the president of the arbitration court will invite the parties and/or their attorneys to present oral evidence, starting with the expert's explanations, followed by the personal testimony1 of the parties and, afterwards, the questioning of the witnesses listed.
5.10 Once the production of evidence has been completed, the parties will have a common period of 7 (seven) days to present their final arguments.
5.11 If any witness refuses to appear at the hearing, or refuses to testify without legal reason, the president of the arbitral tribunal may, at the request of either party or ex officio, request the judicial authority to take appropriate measures to take the testimony of the absent witness.
5.12 The secretary will provide, at the request of either party, a copy of the statements taken at the hearing, as well as interpreter or translator services, with the party requesting it being responsible for collecting the estimated cost from the CAMARB Secretariat in advance.
5.13 The hearings will take place even if either party, duly summoned, fails to appear, but the judgment cannot be based on the absence of a party to decide.
5.14 The postponement of the hearing will only be granted for a relevant reason, at the discretion of the president of the arbitration court, who will immediately designate a new date for the hearing to be held.
5.15 The arbitration court shall issue a ruling within 30 (thirty) days, counting from the end of the period for the parties' final arguments, unless another period has been set in the agreement.
5.16 The arbitration award shall be decided by majority vote in a conference, with each arbitrator having one vote, including the president of the arbitration tribunal. The arbitrator who disagrees with the majority must justify the dissenting vote, which shall be transcribed in the award.
5.17 The award shall be reduced to writing by the president of the arbitration court and shall be signed by all the arbitrators, although the signature of the majority shall be sufficient for its effectiveness, should any of them demonstrably refuse or be unable to sign it.
5.18 The arbitral award shall contain:
a) the report, with the names of the parties, and a summary of the dispute;
b) the grounds for the decision; where the questions of fact and law will be analyzed, with express mention, where applicable, that it was made based on equity;
c) the device, in which the arbitrator(s) will resolve all the issues submitted and set the deadline for compliance, if applicable;
d) the date and place where it was
5.19 The ruling will also contain the determination of the costs and expenses of the arbitration, in accordance with the CAMARB Administrative fees and Honoraria table, as well as the responsibility of each party in paying these installments, respecting the limits established in the agreement.
5.20 The award shall be disclosed to the parties by the president of the arbitration tribunal by the last day of the period set for its issuance, and an original copy shall be sent to each party, with proof of receipt. The General Secretariat shall keep in its files a copy of the full content of the award, together with a copy of the case file, duly authenticated by the president of the arbitration tribunal.
5.21 The parties are obliged to comply with the arbitration award in the manner and within the time period set forth therein, and no appeal will be admitted, except for the actions and defenses expressly provided for in Brazilian arbitration law.
VI - Administrative fee; FEES AND OTHER EXPENSES
6.1 The CAMARB Board of Directors will prepare the Administrative fees Table e Fees, to be applied in arbitration procedures administered by CAMARB, which may be periodically reviewed by the same Board of Directors.
6.2 The Administrative fee will be charged by CAMARB based on the economic value of the dispute, and will be used to cover CAMARB's operating expenses.
6.3 The fees of the arbitrator(s) shall be fixed in each case by the Board of Directors, immediately after the appointment of the members of the arbitral tribunal, within the minimum and maximum limits established in the aforementioned Table, with due consideration to the economic value of the dispute, the complexity of its subject matter, the time to be spent by the arbitrator(s) and other relevant circumstances of the case. However, the Board of Directors may, in view of exceptional circumstances, propose fees outside the limits established in the Table, subject to the acceptance of the arbitrator(s) appointed by the party(ies).
6.4 When requesting the institution of arbitration proceedings under the auspices of CAMARB, the interested party must deposit the amount set by the General Secretariat to cover the initial expenses until the arbitration agreement is signed, an amount that will not be subject to reimbursement:
6.5 When signing the arbitration agreement, each party shall deposit 50% (fifty percent) of the Administrative fee and the fees of the arbitrator(s), according to the criteria defined in these Rules.
6.6 In the event of non-payment by either party of the Administrative fee and/or the fees of the arbitrator(s), within the time and amounts stipulated, the other party may advance the respective amount in order to allow the arbitration to take place, with the accounts being settled at the end of the arbitration proceedings.
6.7 If, during the course of the arbitration, it is found that the economic value of the dispute reported by the parties is lower than the real economic value determined based on the elements produced during the procedure, the General Secretariat of CAMARB or the arbitrator(s) will proceed with the respective correction, and the parties must, if applicable, complement the amount initially deposited as an Administrative fee and fees of the arbitrator(s), within 7 (seven) days of receiving the summons sent to them.
6.8 The expenses incurred in carrying out the arbitration shall be borne by the party requesting the respective measure, or by both parties if the measure is initiated by the arbitrator or the arbitral tribunal. The General Secretariat of CAMARB may request from the parties an advance of a sufficient amount to cover the expected expenses for the process, in an amount to be stipulated according to the specific case, which amount shall be subject to the rendering of accounts.
6.9 The losing party in the arbitration shall be responsible for paying the Administrative fee, the fees of the arbitrator(s) and other expenses incurred in the arbitration proceedings, unless the parties have agreed that they shall be jointly responsible for paying the aforementioned costs.
6.10 No additional amount shall be charged to the parties in the event that the arbitrator(s) or the arbitral tribunal is/are requested to correct any material error in the arbitral award, to clarify any obscurity, doubt or contradiction therein, or to pronounce on an omitted point on which the decision should have been made.
VII - FINAL PROVISIONS
7.1 It will be up to the arbitrator(s) to interpret and apply these Rules in everything that concerns their competence, duties and prerogatives.
7.2 Any dispute between the arbitrators concerning the interpretation or application of these Rules shall be resolved by the president of the arbitral tribunal, whose decision in this regard shall be final.
7.3 The arbitration procedure will be strictly confidential, and CAMARB members, arbitrators and the parties themselves are prohibited from disclosing any information to which they have access as a result of their office or their participation in the process, without the consent of all parties and the president of the CAMARB Board of Directors.
7.4 This Rules, registered in the Registry of Titles and Documents of Belo Horizonte, Minas Gerais, may only be changed by resolution of the Board of Directors of CAMARB..
