Procedure of the Special Committee for the analysis and judgmentof the Arbitrator’s Challenge
Ref.: Procedure of the Special Committee for the analysis and judgmentof the Arbitrator’s Challenge
WHEREAS Law No. 9,307 of September 23, 1996 (with amended by Law 13,129 of May 26, 2015) provides in art. 14 the hypotheses of challenge the position of arbitrator, as well as the provisions of art. 5.2 of the CAM-CCBC Arbitration Rules (“Rules”);
WHEREAS art. 4.7. of the Rules provides for the manifestation of the parties regarding the Conflict of Interests and Availability Questionnaire filled out by the arbitrator;
WHEREAS art. 4.8. of the Rules, in the presence of an objection relating to independence, impartiality or any other relevant matter relating to the arbitrator, provides that the arbitrator shall be granted a hearing to express himself;
WHEREAS, after the above mentioned manifestations, and upon becoming aware of a fact that represents lack of independence, impartiality or any other justified reason, the parties may, as provided in art. 5.4. of the Rules, challenge the arbitrator;
WHEREAS art. 5.4 of the Rules establishes the formation of a Special Committee composed of three (3) members of the Listof Arbitrators appointed by the President of CAM-CCBC to deliberate on the challenge of the arbitrator;
WHEREAS it is appropriate to establish the procedure to be followed by the Special Arbitrator Challenge Committee (“Special Committee”) for analysis and adjudication of the challenge presented by the party;
The President of CAM-CCBC, exercising its powers under Article 2.6(c) and (d) of the Resolution adopted at the Extraordinary General Meeting of the Chamber of Commerce Brazil-Canada, held on September 1, 2011, after consulting the AdvisoryBoard, decides to issue the following Resolution, which provides for the procedure for the review and judgment of the Special Committee.
Article 1 – The Special Committee constituted to analyze the challenge of an arbitrator, if it deems necessary, may request the party that challenged the arbitrator to provide additional clarifications and submit new documents, within ten (10) days.
Paragraph one – The Special Committee after the complementation mentioned in article 1, will determine that the other party, within ten (10) days, manifest itself, if it wishes.
Paragraph two – Then, within ten (10) days, the challenged arbitrator will be invited, if he wishes, to provide any clarifications he deems appropriate.
Article 2 – The Special Committee set up to examine the challenge of an arbitrator, if it deems it necessary, may ask the challenged arbitrator for further clarification within a period of ten (10) days.
Sole paragraph – Subsequently, within ten (10) days, the parties will be invited, if they wish, to present any considerations they deem appropriate.
Article 3 – The Special Committee shall resolve within thirty (30) days as of the notification by the Secretariat informing the parties and arbitrators of the closure of the proceedings. If it deems necessary, the Committee may extend the deadline for decision for another 15 (fifteen) days.
Article 4 – The Decision of the Special Committee shall be substantiated and the Parties and the members of the Arbitral Tribunal shall be informed.
Article 5 – If the challenge is upheld, the party that indicated the arbitrator shall be notified to appoint a new arbitrator (Article 4.10 of the Rules).
Sole Paragraph – If the President of the Arbitral Tribunal is removed, the system used for his nomination, as provided by the parties or in the Rules, shall be observed.
Article 6 – The Decision of the Special Committee is final and there is no request for reconsideration.
São Paulo, April 19, 2017.
Carlos Suplicy de Figueiredo Forbes
President of CAM-CCBC