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

Administrative Resolution No. 31/24

Re: Amendment to the dispute board Rules (2024)

The President of CAMARB – Chamber of Business Mediation and Arbitration – BRAZIL, in the exercise of her powers provided for in art. 21, item “g”[1], of the Bylaws, considering:

(i) the publication of the Dispute Board Rules (2024), currently in force since 28 May 2024; and

(ii) best practices applicable to the procedures of Dispute Prevention and Resolution Committees (Committees or CPRD).

Resolves to amend item 3.2[2] of the Rules of the CAMARB Dispute Prevention and Resolution Committee of 2024[3], which will come into force with the following wording:

3.2 The Committee shall be established in accordance with the Rules, in compliance with the provisions of the Contract, and the Party(ies) interested in establishing a Dispute Prevention and Resolution Committee must submit a formal and written Request to the Secretariat, which must contain:

(i) name and full qualification of the Applicant(s), of their Representative(s), in the case of a legal entity, and of their Patron(s), when represented by lawyer(s);

(ii) electronic address and physical address of all those indicated in the previous paragraph, including the address that may be included in the contract that provides for the constitution of the Committee and substantiates the request;

(iii) power of attorney, accompanied by personal documents and/or articles of association, if applicable;

(iv) name and full qualification of the Requested Party(ies) and their Representative(s), in the case of a legal entity;

(v) electronic and physical address of all those indicated in the previous paragraph;

(vi) identification of the Contract that provides for the establishment of the Committee, with the characterization of its object, which must be the Contract and any amendments attached;

(vii) indication of whether the Committee will be permanent or “ad hoc” in accordance with Chapter X of the Rules;

(viii) indication of the type of Committee to be established under Chapter VI of the Rules, if already provided for in the contract;

(ix) indication of the number of members of the Committee, if already provided for in the contract;

(x) estimated value of the subject of the contract;

(xi) for the purposes of the exercise of the duty of disclosure by the members of the Committee to be appointed, the indication of the existence, in addition to the Parties, of other persons and/or entities related to the conflict and/or interested in it.

3.2.1. All documents submitted by the parties must be delivered to the CAMARB Secretariat in digital format, made available as attachments to the electronic message sent by the party or via an access link indicated by the CAMARB Secretariat.

3.2.2. The request for incorporation must be accompanied by proof of payment of the registration fee, in accordance with the Schedule of Costs, Expenses and Remuneration of Committee Members, Annex II of the Rules.

3.2.3. If any of the requirements set forth in item 3.2 are not met, the Secretariat will establish a period of 10 (ten) calendar days, counted from the date of granting this period, for compliance. If the requirements are not met within the period granted, the Application will be archived, without prejudice to the possibility of a new application, and in this case there will be no refund of the Registration Fee.

[1] Art. 21 – Without prejudice to other duties provided for in this Statute, the President shall be responsible for: […]
g) issuing resolutions, regulations or acts on matters relating to the administration of CAMARB or procedures administered by it.

[2] 3.2 The Committee shall be established in accordance with these Rules, in compliance with the provisions of the Contract.

[3] Rules of the CAMARB Dispute Prevention and Resolution Committee, in force since May 28, 2024.

 

Belo Horizonte, November 06, 2024.

Flavia Bittar Neves

President

Search the site:
Professionals
Arbitration

Learn about the Law, costs and other information about arbitration

Mediation

Learn about the law, costs and other information about mediation

Dispute Board procedures

Learn about the Law, costs and other information about DRB

Search no site

Find professionals, information and news

Professionals