AR 35/2019

Ref.: Disclosure of Information on Arbitral Tribunals

Ref.: Disclosure of Information on Arbitral Tribunals

The President of the Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada (“CAM-CCBC”), in the exercise of the duties assigned to him byby Article 2.6, letter ‘c’, of the CAM-CCBC Rules (“Rules”), as approved on September 1, 2011, in compliance with (i) article 5.1 of the Rules, which provides for the independence, impartiality and availability of the arbitrators; (ii) Statement 2 – Diligence, Competence and Availability, of the CAM-CCBC Code of Ethics; and (iii) in order to provide greater transparency to arbitration proceedings, decides to establish rules for the publication of information related to the participation of arbitrators in CAM-CCBC arbitration proceedings.

Article 1 – In arbitrations under its administration, CAM-CCBC will publish, on its website, the following information about the Arbitral Tribunals:

I. Arbitrator’s full name;

II. Arbitrator’s nationality;

III. Month and year of signature of the Terms of Reference;

IV. Position in the Arbitral Tribunal (President/Coarbitrator/Sole Arbitrator);

V. Arbitrator appointed by (Parties/Coarbitrator/CAM-CCBC); and

VI. Status of the proceeding (Ongoing/Suspended/Closed).

Sole paragraph – The information will not be published in the event of manifestation to the contrary by any of the parties.

Article 2 – In compliance with the duty of confidentiality, information related to the arbitration will not be published, including, but not limited to, the number of the arbitration proceeding, the names of the parties and their lawyers.

Article 3 – In cases in which the arbitrator is substituted, either due to resignation, death, incapacity or removal due to challenge or due to a supervening fact attributable to the arbitrator, CAM-CCBC will update the information published on the website.

Article 4 – By accepting to act as an arbitrator under the terms of the Rules, the arbitrator agrees with the publication of the information listed in article 1 of this resolution on the CAM-CCBC website.

Article 5 – The information will be updated periodically by the CAM-CCBC Secretariat.

Article 6 – This resolution applies to all Requests for Arbitration filed as of January 7, 2019.

Sole paragraph – CAM-CCBC, upon authorization of the parties and the arbitrators in the respective Terms of Reference, may publish information from previous arbitration proceedings.

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São Paulo, January 7, 2019.

Carlos Suplicy de Figueiredo Forbes

President of CAM-CCBC

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