Growth of Arbitration

In 2018, CAM-CCBC confirmed the tendency in the growth of arbitration as an alternative dispute resolution mechanism in Brazil. 101 processes were iniciated in this period and 94 arbitral tribunals were constituted, 80 arbitration terms were signed and 61 processes were disclosed. By the end of December, there was a total of 339 procedures in progress. Since 1979, when CAM-CCBC was founded, 981 arbitration procedures were iniciated.

One of the advantages in the use of arbitration is the reduced time of the proccess – and the data for the past year confirms this statement. The average for procedures iniciated between 2014 and 2018 is of 16,2 months. In terms of absolute values, the arbitrations iniciated in 2018 accounted R$ 11bi.
The major part of the procedures in progress involved societal matters (40%), followed by organizational contracts in general (22%), business in civil construction and energy area (18%) and supply of goods and services (11%). The international contracts account for 2% of the arbitration operations in 2018, while intelectual property contracts account for 1%. Most of the procedures involved Brazilian parts (86%), and the predominant language was portuguese (96%).

Since CAM-CCBC’s foundation, 981 arbitration proceedings were initiated. Over 50% of them were received in the last five years, as per the chart below:

The amounts in dispute of the arbitral proceedings administered by CAM-CCBC amount to over USD 18 billion. The parcel of USD 15 billion of that amount corresponds to the proceedings initiated in the last 5 years. The amounts in dispute are reflected in the chart below:

Over the last 5 years, the average amount in dispute was USD 27 million. Each year’s average is reflected in the chart below:

CAM-CCBC administers arbitral proceedings in many languages, as per the following graphic:

The nationality of the parties of all 981 CAM-CCBC arbitration proceedings is:

The average duration of an arbitral proceeding administered by CAM-CCBC takes 16,2 months ( proceedings iniciated and disclosed between 2014 and 2018). Currently, CAM-CCBC has 330 arbitral proceedings in progress.

Arbitration involving Public Administration

Until December 2018, CAM-CCBC has administered 39 arbitral proceedings with Direct and Indirect Public Administration entities.

The amounts involved in these proceedings amount to USD 5,6 billion, over a quarter of the amounts in dispute in all arbitral proceedings administered by the institution.

In the terms of article 3 of Administrative Resolution 15/2016, dated 20 January 2016, CAM-CCBC has a list of arbitral proceedings in which the direct public administration is involved. This list is accessible to public.

Mediation at CAM-CCBC

Since CAM-CCBC’s foundation, 53 mediation proceedings were initiated, as can be seen below:

Currently, CAM-CCBC administers 7 ongoing mediation proceedings.

The total amount in dispute of all mediations is approximately USD 3,2 billion.

CAM-CCBC administers mediation proceedings in English and Portuguese, distributed as per the chart:

Of all 53 mediations initiated before CAM-CCBC, it is possible to verify the following scenario as to the parties’ nationality:

Equal gender representation | RA 30/2018

In attention to Administrative Resolution 30/2018, of 07 February 2018, the Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada (CAM-CCBC) publicizes its statistics on equal opportunities for women in the field of arbitration.

In 2018, 92 three-arbitrator tribunals and two sole arbitrators were instituted.

Of the 278 arbitrators, the parties appointed 176, co-arbitrators appointed 89 and CAM-CCBC appointed 13.

202 of these arbitrators are men and 76 women, which amounts to 27.3% of women.

By segmented percentage, parties and co-arbitrators appointed equally 44.73% each and CAM-CCBC, 10.54% of women.

Appointment by the parties

Appointment by co-arbitrators

Apart from those numbers, CAM-CCBC constituted 6 Special Committees due to challenges to arbitrators in the period. Considering that in one of those Committees, one arbitrator renounced and, consequently, a new appointment was made, the appointments occurred in the following manner:

CAM-CCBC’s List of Arbitrators

Statistic data updated according to the data base from December 2018.

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