Electronic Communication during the administrative phase of arbitral proceedings
Ref.: Electronic Communication during the administrative phase of arbitral proceedings
The President of the Arbitration and Mediation Center of the Chamber of Commerce Brazil-Canada (“CAM-CCBC”), in the exercise of the powers granted upon him under article 2.6, letter ‘c’, of the CAM-CCBC Rules, as approved on September 1st 2011, for the purpose of speeding up the administrative management of arbitral proceedings, hereby establishes the following rules on electronic communication during the administrative phase.
Article 1 – Upon receipt by the Secretariat of the response to the notification under article 4.3 of the CAM-CCBC Rules, the Parties shall be consulted, by physical notice, on their interest in adopting the electronic means for exchanging communications during the administrative phase of the arbitral proceedings (“Electronic Communication”).
Sole Paragraph – The answer to the question shall be presented in hard copy, within five (5) days from the receipt of the notice.
Article 2 – Should all the Parties involved in the arbitral proceedings opt for Electronic Communication, the printed answer mentioned in the Sole Paragraph above shall specify the electronic addresses of the counsels and/or legal representatives for the Party.
Sole Paragraph – The CAM-CCBC Secretariat shall send an electronic message to the Parties notifying them of both the option made and procedure to be followed in the administrative phase.
Article 3 – The Electronic Communication shall be governed by the following rules:
I – All the Parties’ communications shall be sent exclusively by electronic means to the designated Secretariat of the CAM-CCBC, with no need to submit a hard copy thereof.
II – The CAM-CCBC Secretariat shall be, for purposes of counting time periods, solely responsible for forwarding to the other Party the messages received, and for clarifying any questions relative to said routine.
III – The content of the Parties petition may be in the body of the electronic communication or as an attachment in that the total content of the message shall not exceed 9MB.
IV – The Secretariat shall enclose to the case records a printed copy of the electronic communication and any related attachments, for record purposes.
V – All electronic communications shall be confirmed by the recipient within 24 hours from receipt thereof. If there is no such confirmation, the communication shall be forwarded again by the Secretariat. Then, in the absence of confirmation, the procedure under article 3 hereunder shall be discontinued.
Article 4 – If one or all of the Parties involved fail to manifest their interest about the adoption of Electronic Communication during the administrative phase, the Secretariat of the CAM-CCBC shall send a specific notice informing that the administrative phase shall continue through the exchange of printed communications.
Article 5 – The rules hereunder shall apply exclusively until the execution of the Terms of Reference.
Article 6 – All the provisions set out in the CAM-CCBC Rules remain effective, including those applicable to the counting of time-periods (art. 6.6)..
São Paulo, 15 January 2018.
Carlos Suplicy de Figueiredo Forbes
President of the CAM-CCBC