AR 19/2016

Ref.: CAM-CCBC Mediation Rules, effective as of August 01st, 2016. Receipt of Mediation Request and admissibility judgment.

 

Considering the need to regulate the administrative procedure to be adopted by the Secretariat of the Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada (“CAM-CCBC”) upon receipt of the Mediation Request, provided for in Article 1.1 of the Mediation Rules;

Considering the need to clarify how the admissibility judgment provided for in Article 1.2 of the Mediation Rules will be made;

The President of the CAM-CCBC, exercising its powers under Article 2.6(c) of the CAM-CCBC Arbitration Rules, approved on September 1st, 2011, with amendments approved on April 28th, 2016, and Article 11.6 of the CAM-CCBC Mediation Rules, approved on August 1st, 2016, resolves:

 

Article 1 – The Mediation Request must include the following information:

1. a summary statement of the matter proposed for mediation;
2. the estimated value of the controversy;
3. the name and full qualification of the participants in the mediation, including their legal representatives, their respective addresses (physical and electronic) and telephone numbers;
4. information of possible lawyers;
5. indication of the language in which the mediation will be conducted; and
6. (f) choice, if applicable, for holding of a previous meeting together with the other participants.

Article 2 – The following documents must be submitted with the Mediation Request:

1.  power of attorney with sufficient powers; and/li>
2.  copy of a contract that contains a mediation clause or agreement on which the Mediation Request is based, if existent.

Article 3 – The Secretariat shall examine the requirements set forth in articles 1 and 2 and may request the complementation or exempt the information and documents indicated.

Article 4 – The Request for Mediation shall be presented in sufficient number of copies for the Participants, the Mediator and the Secretariat of the CAM-CCBC.

Article 5 – The Secretariat shall submit one of the copies of the Mediation Request to the President of the CAM-CCBC, who, pursuant to Article 1.2 of the Mediation Rules, will make the necessary admissibility judgment of the proposed Mediation.

Paragraph One – The President of the CAM-CCBC shall observe whether the controversy submitted to Mediation is consistent with the institution’s objectives, aimed at resolving commercial and business conflicts.

Paragraph Two – If the admissibility criterion is not met, the President of the CAM-CCBC, pursuant to Article 1.2 of the Mediation Rules, shall refuse to receive the request in a reasoned decision.

Article 6 – The general rules of law and the practices adopted by the CAM-CCBC in the administration of procedures shall apply to the Mediation Request and the admissibility judgment.

 

São Paulo, August 11 st, 2016.

Carlos Suplicy de Figueiredo Forbes

President of CAM-CCBC