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.

§1º The CAM-CCBC does not itself resolve disputes submitted to it.
§2º The CAM-CCBC is an independent body of the Chamber of Commerce Brazil Canada and is governed by its own Internal Rules approved according to the Bylaws of the Chamber of Commerce Brazil-Canada.

Chapter II – Board of Directors

Article 3 – The Board of Directors is composed of 1 (one) President, up to 5 (five) Vice-Presidents, 1 (one) Secretary General, and 1 (one) Deputy Secretary General.

Sole Paragraph – The President will be elected by CCBC’s General Meeting pursuant to CCBC’s Bylaws. The President’s term of office will be 2 (two) years with reelection permitted for only one successive term.

Article 4 – 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 for managing its resources in order to ensure the proper functioning and independence of CAM-CCBC’s activities;
III. convene and chair the Board of Directors’ meetings;
IV. convene meetings of the Advisory Board;
V. approve the Schedule of Costs relating to alternative dispute resolution proceedings administered;
VI. issue Supplementary Rules related to alternative dispute resolution proceedings administered, including in case of omissions;
VII. issue Administrative Guidelines in order to regulate the CAM-CCBC’s administrative activity;
VIII. 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;
IX. appoint arbitrators, mediators, and experts to compose the respective Reference Lists;
X. apply and enforce the rules of the alternative dispute resolution methods, deciding on as much as necessary for the regular processing of the proceedings administered by the CAM-CCBC; and
XII. exercise the powers conferred by these Internal Rules and by the rules of the alternative dispute resolution proceedings administered.

Article 5 – The Vice-Presidents will be chosen and invited to exercise their mandate by the CAM-CCBC President. The Vice-Presidents terms of office will be 2 (two) years coinciding with the term of office of the CAM-CCBC President.

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

I. substitute the President in the event of his/her absence or impediment in the manner established by the President;
II. assist the President in performing his/her duties;
III. convene meetings of the Advisory Board in the cases and in the manner provided for in these Rules;
IV. perform duties assigned to them by the CAM-CCBC President; and
V. represent the CAM-CCBC in events and before authorities in official ceremonies.

Article 7 – The Secretary General and Deputy Secretary General will be appointed by the CAM-CCBC President.

Article 8 – The Secretary General 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 President;
V. apply the rules of the alternative dispute resolution methods, deciding on as much as necessary to provide effectiveness to the proceedings administered by the CAM-CCBC;
VI. assess the compatibility of the dispute with the dispute resolution method proposed and, when appropriate, suggest the adoption of different method;
VII. take charge on a subsidiary basis of organizing events that promote alternative dispute resolution methods and other CAM-CCBC activities; and
VIII. coordinate activities for maintaining and improving the Quality Management System.

Chapter III – Advisory Board

Article 9 – The CAM-CCBC President 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 President whenever deemed necessary.

Article 10 – The Advisory Board will be composed by the CAM-CCBC President, 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 CAM-CCBC President and by the permanent members.
§3º The term of office of the Advisory Board members will be 2 (two) years with the possibility of reappointment.

Article 11 – The Advisory Board shall have the following responsibilities:

I. assist the CAM-CCBC President in his/her duties whenever requested;

II. express opinions on nominations to compose the List of Arbitrators or any other References Lists before the appointment is made by the CAM-CCBC President;

III. express opinions on the proposal to exclude a member from the List of Arbitrators or from any other References List;

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

V. assist the CAM-CCBC Board of Directors 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;

VI. comment on the approval of the Schedule of Costs and Supplementary Rules; and

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

Article 12 – 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 13 – The Advisory Board will meet ordinarily once every four months and extraordinarily whenever convened by the CAM-CCBC President.

§1º The Advisory Board may also be convened by 2 (two) CAM-CCBC Vice-Presidents, acting together, whenever necessary, in the absence of regular convening by the CAM-CCBC President.
§2º The calendar of meetings for the following year will be prepared at the last regular meeting of each year.
§3º The convening of extraordinary meetings will be communicated 5 (five) days before they are held.

Article 14 – The quorum for holding meetings and deliberation of Advisory Board, on first call, is more than half of its members and, on second call, in the presence of any number of members.

§1º For the purposes of this article, those who participate via conference call, video conference, or equivalent means are considered as present.
§2º Exceptionally, matters may be submitted to the Advisory Board by deliberative circuit, by electronic message sent by the Secretary General.

Article 15 – 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 16 – The meetings of the Advisory Board will be assisted by the CAM-CCBC Secretary General, which among other duties shall write the meeting’s notices and minutes.

Chapter IV – Mediation Advisory Board

Article 17 – The CAM-CCBC President shall count on the assistance of a Mediation Advisory Board, which will be consulted in the cases expressly mentioned in these Internal Rules and in the Mediation Rules. The Mediation Advisory Board may be convened by the President whenever deemed necessary.

Article 18 – 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 CAM-CCBC President.

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 19 – The Mediation Advisory Board shall have the following responsibilities:

I. assist the CAM-CCBC President 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 CAM-CCBC Secretariat and CAM-CCBC President 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 20 – The Mediation Advisory Board will regularly meet every two months and, extraordinarily, whenever convened by the CAM-CCBC Secretary General.

§1º The calendar of meetings for the following year will be prepared at the last regular meeting of each year.
§2º 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 21 – 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, Institutional Development and Administrative Support

Article 22 – In accordance with the CCBC Bylaws, CCBC employees hired to work in the administration of CAM-CCBC will be appointed by the CAM-CCBC President who may at any time request the replacement or dismissal of such employees, which shall be provided by the CCBC administration.

Chapter VI – List of Arbitrators

Article 23 – The CAM-CCBC will have a List of Arbitrators composed of independent specialized professionals appointed by the CAM-CCBC President for a term of 5 (five) years with the possibility of reappointment.

Sole paragraph. Before making the appointment, the CAM-CCBC President will forward his/her nominees to the Advisory Board, who must issue a detailed opinion recommending or not the appointment within 30 (thirty) days.

Article 24 – Members of the List of Arbitrators must be professionals of unblemished reputation with notable legal knowledge and recognized technical expertise.

Article 25 – The CAM-CCBC President, after consulting with the Advisory Board, may replace any member of the List of Arbitrators.

Chapter VII – List of Mediators

Article 26 – CAM-CCBC will have a List of Mediators composed by qualified and recognized professionals in the dispute resolution market.

Article 27 – The inclusion of new Mediators will be based on an analysis of convenience and opportunity following a pre-defined structure and rigorous selection criteria according to 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 CAM-CCBC President for final deliberation.

Article 28 – Based on an analysis of convenience and opportunity, the Mediation Advisory Board, at its discretion or at the request of the CAM-CCBC President, will review the professionals that compose the List of Mediators and decide on possible exclusions in view of the performance of the mediators, as well as any need to reduce or increase the number of professionals on the list, as the case may be.

Chapter VIII – Other Reference Lists

Article 29 – The CAM-CCBC may also rely on other Reference Lists related to alternative dispute resolution methods composed of independent specialized professionals appointed by the CAM-CCBC President for a term of 5 (five) years with the possibility of reappointment.

Chapter IX – Commissions

Article 30 – The CAM-CCBC President may establish Commissions to carry out studies or prepare specific recommendations in accordance with the attributions set forth by the President in order to improve and develop CAM-CCBC’s activities.

Chapter X – Cooperation

Article 31 – 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 32 – Members of the Board of Directors, the Advisory Board, the Mediation Advisory Board, and the 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 33 – These Internal Rules were approved by the Extraordinary General Meeting of the Chamber of Commerce Brazil-Canada held on July 19, 2022, and entered into force on the same date, revoking the following:

I. articles 2 and 3 of the CAM-CCBC Rules approved on September 1, 2011, with amendments approved on April 28, 2016;
II. the Internal Rules of the Advisory Board approved on the 2nd Meeting of 2019;
III. Administrative Resolution No. 24/2017;
IV. the Internal Rules of the Mediation Advisory Board; and
V. Administrative Resolution No. 27/2017