Chapter I – Name, Headquarters and Purpose

Article 1 – The Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada, hereinafter CAM-CCBC, is headquartered in the city of São Paulo, capital of the State of São Paulo, Brazil, and may administer proceedings seated anywhere in Brazil or abroad.

Article 2 – The CAM-CCBC aims to administer alternative dispute resolution proceedings regardless of nationality, legal seat, origin, or membership to the Chamber of Commerce Brazil-Canada, hereinafter CCBC, performing the acts and services provided for in these Internal Rules and in its Rules, Resolutions, Supplementary Rules, and Administrative Guidelines.

§1 The CAM-CCBC does not itself resolve disputes submitted to it.

§2 The CAM-CCBC is independent from CCBC and is governed by its own Internal Rules approved in accordance with the Bylaws of the CCBC.

Chapter II – Administration of the CAM-CCBC

Article 3 – The CAM-CCBC is administered by one Presidency and one Executive Board.

Article 4 – The Presidency will be composed by 3 (three) members, 1 (one) President and 2 (two) Vice-Presidents, elected by CCBC’s General Meeting pursuant to CCBC’s Bylaws.

Sole Paragraph – The term of office of the members of the Presidency shall be 2 (two) years, and re-election shall be permitted for further 2 (two) year terms; For the President, re-election shall be permitted only once for a further successive term of office.

Article 5 – The President shall have the following responsibilities:

I. represent the CAM-CCBC;

II. exercise the powers conferred upon him/her pursuant to CCBC’s Bylaws, by the CAM-CCBC’s Internal Rules and by the CAM-CCBC’s set of Rules.

Article 6 – The Vice-Presidents shall have the following responsibilities:

I. substitute for the President in the event of his/her absence or impediment;

II. perform duties assigned to them by the President in the ordinary administration and institutional representation of CAM-CCBC.

Article 7 – The Presidency shall have the following responsibilities:

I . exercise the powers conferred upon them pursuant to CCBC’s Bylaws;

II. provide strategic orientation, monitoring and supporting the Executive Board in the implementation of strategic measures and management of resources, in order to ensure the proper functioning and independence of CAM-CCBC’s activities;

III. convene the Advisory Board’s meetings;

IV. approve the Schedule of Costs relating to alternative dispute resolution proceedings administered, after the approval of the Advisory Board;

V. issue Supplementary Rules related to alternative dispute resolution proceedings administered, including in case of omissions, after the approval of the Advisory Board;

VI. appoint arbitrators, mediators, experts, among others in the cases set forth in the rules and in ad hoc proceedings at the request of interested parties;

VII. appoint arbitrators, mediators, and experts to compose the respective Reference Lists, after the approval of the Advisory Board;

VIII. apply and enforce the rules of the alternative dispute resolution methods, deciding on as much as necessary for the regular conduction of the proceedings administered by the CAM-CCBC; and

IX. exercise the powers conferred by these Internal Rules and by the rules of the alternative dispute resolution proceedings administered.

Article 8 – The Presidency shall meet ordinarily once a month and extraordinarily whenever called upon by the Executive Board.

§1º – The Presidency may also be summoned by any of its members whenever necessary.

§2º – The calendar of meetings for the following year will be prepared at the last regular meeting of each year.

§3º – Extraordinary meetings shall be summoned three (3) days before they are to be held.

Article 9 – The quorum for holding meetings and deliberation of the Presidency’s meetings, on the first summon, is more than half of its members.

§1º For the purposes of this article, those who participate via conference call, video conference, or equivalent means are considered as present.

§2º Matters may be submitted to the Presidency by deliberative circuit, by electronic message sent by one of its members or by the Executive Board.

§3º Decisions by the Presidency shall be taken by majority vote, with the President’s vote prevailing if there is no majority agreement.

Article 10 – The Executive Board is constituted by an Executive Director and the General Secretariat, appointed by the Presidency.

Article 11 – The Executive Director shall have the following responsibilities:

I. assist the Presidency in performing their duties;

II. implement the strategic actions and manage the resources of CAM-CCBC to ensure the proper functioning and independence of its activities;

III. represent CAM-CCBC, by delegation of the Presidency;

IV. convene meetings of the Presidency in the cases and in the manner provided for in these Rules;

V. perform duties assigned by the Presidency;

VI. issue Administrative Guidelines in order to regulate the CAM-CCBC’s administrative activity, after consultation with the Presidency;

VII. exercise the powers conferred by these Internal Rules.

Article 12 – The General Secretariat will be composed by 1 (one) Secretary General and up to 3 (three) Deputy Secretary Generals.

Article 13 – The General Secretariat shall have the following responsibilities:

I. keep the records and documents of the CAM-CCBC;

II. oversee and coordinate the administrative activities of CAM-CCBC;

III. see to the progress of proceedings administered by the CAM-CCBC, especially in terms of meeting expiration dates;

IV. perform the duties assigned by the Executive Director;

V. assess the compatibility of the dispute with the dispute resolution method proposed and, when appropriate, suggest the adoption of a different method;

VI. take charge, on a subsidiary basis, of organizing events that promote alternative dispute resolution methods and other CAM-CCBC activities; and

VII. coordinate activities for maintaining and improving the Quality Management System.

Chapter III – Advisory Board

Article 14 – The CAM-CCBC Presidency shall count on the assistance of an Advisory Board, which will be consulted in cases expressly mentioned in these rules and in the alternative dispute resolution methods’ Rules. The Advisory Board may be convened by the Presidency whenever deemed necessary.

Article 15 – The Advisory Board will be composed by the former CAM-CCBC Presidents, and at least 5 (five) members of the List of Arbitrators.

§1º The former CAM-CCBC Presidents are permanent members of the Advisory Board.

§2º The election of the remaining members of the Advisory Board will be conducted by the permanent members.

§3º The term of office of the Advisory Board members will be 2 (two) years with the possibility of reappointment.

§4º The Presidency and the Executive Director shall attend the meetings of the Advisory Board and assist it in its activities.

Article 16 – The Advisory Board shall have the following responsibilities:

I. prepare a report, with recommendations, on the candidates for the CAM-CCBC Presidency, to be sent to the CCBC for instruction in the election process by the CCBC General Assembly;

II. assist the Administration of CAM-CCBC in its duties whenever requested;

III. approve nominations to compose the List of Arbitrators and List of Mediators (or any other References Lists), before the appointment is made by the CAM-CCBC Presidency;

IV. decide on the proposal to exclude a member from the List of Arbitrators (or from any other References List);

V. suggest measures that strengthen the institution’s prestige and the good quality of its services;

VI. assist the CAM-CCBC Presidency in drafting a Conflict of Interest and Availability Questionnaire to be sent to the members of the Reference Lists indicated in the proceedings administered by the CAM-CCBC, when applicable;

VII. approve the Schedule of Costs and Supplementary Rules; and

VIII. approve Arbitration Rules, Mediation Rules, and other alternative dispute resolution methods Rules.

Article 17 – The Advisory Board will have the positions of Chairperson and Vice-Chairperson, both elected by its members.

Sole paragraph. It is incumbent upon the Advisory Board Chairperson to preside over and conduct the Advisory Board’s meetings. It is incumbent upon the Advisory Board Vice-Chairperson to substitute the Chairperson in his/her absence or impediment.

Article 18 – The Advisory Board will meet ordinarily once every two months and extraordinarily whenever convened by the Presidency.

I. The Advisory Board may also be convened by the Executive Director and by the Secretary General, whenever necessary, in the absence of regular convening by the Presidency.

II. The calendar of meetings for the following year will be prepared at the last regular meeting of each year.

III. The convening of extraordinary meetings will be communicated 5 (five) days before they are held.

Article 19 – The quorum for holding meetings and deliberation of the Advisory Board, on first call, is more than half of its members and, on second call, in the presence of any number of members.

I. For the purposes of this article, those who participate via conference call, video conference, or equivalent means are considered as present.

II. Exceptionally, matters may be submitted to the Advisory Board by electronic message sent by the Presidency, the Executive Director, or the Secretary General.

Article 20 – The Arbitration Rules, Mediation Rules, and other alternative dispute resolution methods Rules must be approved by 75% (seventy-five percent) of the members of the Advisory Board in office at an extraordinary meeting convened specifically for this purpose.

Article 21 – The meetings of the Advisory Board will be assisted by the CAM-CCBC General Secretariat, which among other duties shall write the meeting’s notices and minutes.

Chapter IV – Mediation Advisory Board

Article 22 – The Presidency shall count on the assistance of a Mediation Advisory Board, which will be consulted in the cases mentioned in these Internal Rules and in the Mediation Rules. The Mediation Advisory Board may be convened by the Presidency whenever deemed necessary.

Article  23 – The Mediation Advisory Board will be composed of at least: 1 (one) representative of the CAM-CCBC, 3 (three) members of the List of Mediators or lawyers with experience in commercial mediation, and 1 (one) chairperson, all chosen and appointed by the Presidency.

Sole paragraph. The term of office of the appointed members will be 1 (one) year with the possibility of reappointment for 1 (one) year.

Article 24 – The Mediation Advisory Board shall have the following responsibilities:

I. assist the Presidency in matters related to the administration of Mediation proceedings, including, but not limited to, evaluating names for the List of Mediators and appointing a mediator for a specific proceeding;

II. assist the Presidency and the Executive Board in the interpretation and application of the Mediation Rules, especially to remedy any gaps or omissions pursuant to Article 11.6 of the Rules;

III. suggest and evaluate possible changes to the Mediation Rules, to the Mediation Schedule of Costs, and to the Code of Ethics and Conduct for Mediators;

IV. promote the use of corporate mediation in dispute resolution, suggesting measures that strengthen the institution’s prestige and the good quality of its services; and

V. put together specific task forces that will perform pro bono services to deal with a given theme or issue, setting a starting date, responsible adviser, number and name of participants, and a mission.

Sole paragraph – Each task force shall periodically provide written reports on the progress and partial and final results of the assigned missions for deliberation by the Mediation Advisory Board.

Article 25 – The Mediation Advisory Board will regularly meet every three months and, extraordinarily, whenever convened by the CAM-CCBC’s Secretary General.

I. The calendar of meetings for the following year will be prepared at the last regular meeting of each year.

II. The convening of extraordinary meetings will be communicated 5 (five) days before they are held, and the respective meeting topics must be forwarded in advance.

Article 26 – The quorum for holding meetings and deliberation of the Mediation Advisory Board is more than half of its members, unless specifically provided otherwise.

Sole paragraph – For the purposes of this article, members who are physically present at the place and time designated for the meeting, as well as those who participate via conference call, video conference or equivalent means, are considered as present.

Chapter V – Secretariat

Article 27 – In accordance with the CCBC Bylaws, CCBC’s employees hired to work in the administration of CAM-CCBC will be appointed by the CAM-CCBC’s Presidency who may at any time request the replacement or dismissal of such employees, which shall be provided by the CCBC’s administration.

Sole paragraph – CCBC’s employees hired to work in the administration of CAM-CCBC, in what concerns its function as an Arbitral Institution, shall report to the Presidency.

Chapter VI – List of Arbitrators

Article 28 – The CAM-CCBC will have a List of Arbitrators composed of independent specialized professionals appointed by the Presidency for a term of 5 (five) years with the possibility of reappointment.

Article 29 – Members of the List of Arbitrators must be professionals of unblemished reputation with notable legal knowledge, or extensive knowledge in another area, and recognized technical expertise.

Article 30 – The Presidency, after deliberation by the Advisory Board, shall arrange for the inclusion or exclusion of persons on the list of arbitrators.

Sole paragraph – The inclusion or maintenance of persons on the list of arbitrators shall be preceded by approval by the Advisory Board.

Chapter VII – List of Mediators

Article 31 – CAM-CCBC will have a List of Mediators composed by qualified professionals and of unblemished reputation, fit to act in the dispute resolution market as mediators.

Article 32 – The inclusion of people in the  List of Mediators will be preceded by an analysis of convenience and opportunity, following the selection criteria approved by the Mediation Advisory Board, with the observance of the following steps: (i) receiving the Admission Forms, (ii) analyzing the Forms, (iii) screening, and (iv) submitting them to the Mediation Advisory Board and to the Presidency for final deliberation.

Article 33 – Based on an analysis of convenience and opportunity, the Mediation Advisory Board, at its discretion or at the request of the Presidency, may periodically review the List of Mediators and decide on possible exclusions or inclusions.

Chapter VIII – Other Reference Lists

Article 34 – The CAM-CCBC may also rely on other Reference Lists related to alternative dispute resolution methods composed of independent specialized professionals appointed by the Presidency for a term of 5 (five) years with the possibility of reappointment.

Chapter IX – Commissions

Article 35 – The Presidency may establish Commissions to carry out studies or prepare specific recommendations in accordance with the attributions set forth in order to improve and develop CAM-CCBC’s activities.

Chapter X – Cooperation

Article 36 – CAM-CCBC may join associations or bodies that bring together arbitration and mediation institutions or enter into partnerships/covenants with other similar entities in Brazil and abroad, as well as maintain agreements and exchanges with such institutions or associations.

Chapter XI – Confidentiality

Article 37 – Members of the Presidency, Executive Board, Advisory Board, Mediation Advisory Board, and Secretariat are prohibited from disclosing any information to which they have had access as a result of their performed duties or participation in proceedings administered or internal activities related to CAM-CCBC.

Chapter XII – Validity

Article 38 – These Internal Rules were approved by the Extraordinary General Meeting of the Chamber of Commerce Brazil-Canada held on March 30, 2023, and entered into force on the same date, revoking the Internal Rules approved on July 19, 2022.