RA 33/2018

Ref.: Procedure to be followed by the CAM-CCBC in arbitrations governed by the UNCITRAL Arbitration Rules.

Ref.: Procedure to be followed by the CAM-CCBC in arbitrations governed by the UNCITRAL Arbitration Rules.

The President of the 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, does hereby issue the following resolution, which provides for the terms to be observed by the CAM-CCBC when acting in proceedings governed by the Arbitration Rules of the United Nations Commission on International Trade Law, hereinafter referred to as UNCITRAL Arbitration Rules, pursuant to the Recommendations to assist arbitral institutions and other interested bodies with regard to arbitration under the UNCITRAL Arbitration Rules

This resolution applies to arbitral proceedings subject to the UNCITRAL Arbitration Rules, as stated in Article 1(1) to (4) thereof, where the CAM-CCBC is elected by the parties to:
(a) act as the appointing authority; and
(b) administer arbitral proceedings

Artigo 1º – Esta resolução aplica-se aos procedimentos arbitrais regidos pela UNCITRAL Arbitration Rules, conforme disposto em seu artigo 1, nos quais o CAM-CCBC for eleito pelas partes para:
(a) atuar como autoridade nomeadora; e
(b) administrar procedimentos arbitrais.

Sole Paragraph – Choosing UNCITRAL Arbitration Rules causes Article 1.1[1] of the CAM-CCBC Rules not to be applicable

CHAPTER I – MANAGEMENT OF ARBITRATIONS

Article 1 – Referral to CAM-CCBC to administer arbitrations governed by UNCITRAL Arbitration Rules, unless otherwise agreed between the parties, shall consider the following activities:
(a) CAM-CCBC actions in its capacity of appointing authority;
(b) Maintenance of a file of statements and communications;
(c) Management of communications during the arbitral proceeding;
(d) Management of costs, so considered the receipt of the funds provisioned by the parties and the respective payments made to arbitrators, experts and suppliers;
(e) Administrative arrangements related for meetings and hearings, including, among others:
(i) Assistance to the Arbitral Tribunal in defining date, time and place for the hearings and meetings;
(ii) (ii) Providing the arbitrators with a hearing room and a deliberation room within the CAM-CCBC facilities;
(iii) Preparation of teleconferences and videoconferences;
(iv) Hiring suppliers for stenographic notes, simultaneous interpretation and other relevant services for the proper conduction of hearings; and
(v) Arrangements for arbitrators’ accommodation
(f) Administrative Support by the Secretariat of the CAM-CCBC, upon designation of a case manager responsible for monitoring the progress of the arbitration;
(g) Providing fund-holding services (Management of deposits determined by the Arbitral Tribunal); and
(h) Filing of arbitral awards and other documents relative to the arbitration.

Paragraph 1 – The relevant adaptations concerning the administration of the proceeding by the CAM-CCBC are defined in Annex I, “Procedures for arbitrations governed by the UNCITRAL Arbitration Rules administered by the CAM-CCBC”.

Paragraph 2 – The proceedings administered by the CAM-CCBC, governed by the UNCITRAL Arbitration Rules, whenever applicable and unless otherwise agreed between the parties, shall be subject to the recommendations and procedures set forth in the CAM-CCBC Administrative Resolutions.

Paragraph 3 – The CAM-CCBC or the persons connected with the Chamber shall not be liable to any person for any acts, facts or omissions related to the arbitration.

Paragraph 4 – Procedures governed by UNCITRAL Arbitration Rules and administered by the CAM-CCBC shall be numbered in accordance with the CAM-CCBC rules for arbitral proceedings, by adding the acronym UNCITRAL at the end, for purposes of identification (e.g. Arbitral Proceeding no. [Nr]/2018/SEC[Nr]/UNCITRAL). 

CHAPTER II – APPOINTING AUTHORITY

Article 3 – The actions to be taken by the CAM-CCBC as the appointing authority, under Article 1(a), shall consider the following activities:
(a) The appointment and replacement of arbitrators;
(b) The institution of Special Committees to decide on challenges against arbitrators;
(c) Review and consultations related to the arbitrators fees, as provided for by the UNCITRAL Arbitration Rules

Article 4 – Requests for the CAM-CCBC to act as appointing authority shall be conducted through notification to the CAM-CCBC, addressed to the President, upon registered filing or registered letter, in a sufficient number of copies so that all parties, arbitrators and the Secretariat of the CAM-CCBC receive a copy containing:
(a) A document containing the arbitral agreement and, if this latter fails to provide that the CAM-CCBC shall act as the appointing authority, an agreement providing for such;
(b) A power of attorney granting the necessary powers to representatives;
(c) A summarized statement to the matter to be the subject of the arbitration;
(d) The estimated amount in controversy;
(e) Name and full details of the parties involved in the arbitration;
(f) The seat, language, law or legal rules applicable to the arbitration;
(g) Full name and details of the arbitrator(s);
(h) A brief description of the claim and grounds thereof;
(i) A receipt proving due payment of the fee set out in item “CAM-CCBC as the appointing authority” under the CAM-CCBC Schedule of Costs in effect.

Article 5 – The appointment or substitution of arbitrators, under Article 3(a), shall observe the terms of Article 2.6(g)[2] and 4.12[3] of the CAM-CCBC Rules.

Sole Paragraph – the President of the CAM-CCBC shall adopt the proceeding under chapter Appointment of Arbitrators, under UNCITRAL Arbitration Rules, unless otherwise agreed between the parties.

Article 6 – As stated in Article 3(b), challenges against appointed arbitrators shall be decided by a Special Committee appointed by the President of the CAM-CCBC, pursuant to Article 5.4[4] of the CAM-CCBC Rules.

Paragraph 1 – The CAM-CCBC financial sector shall send the relevant documents for the provisioning of the fees to be paid to the Special Committee, pursuant to item “Special Committee” of the CAM-CCBC Schedule of Costs then in effect, which shall be duly deposited within the time period stipulated by the Secretariat of the CAM-CCBC.

Paragraph 2 – The proceeding conducted by the Special Committee shall follow the terms of Administrative Resolution no. 25/2017.

Article 7 – In the cases described in UNCITRAL Arbitration Rules, the President of the CAM-CCBC may assist the parties and the Arbitral Tribunals in reviewing fees and consultations on the respective payment.

Sole Paragraph – The requirements of Article 6 apply to consultations relative to fees provided for in this article, as the case may be.

CHAPTER III – GENERAL PROVISIONS

Article 8 – In the event of any doubts concerning interpretation, discrepancies or inconsistencies between the English version of these Rules and the relevant translation into any other language, the English version shall prevail.

Article 9 – All the decisions rendered by the CAM-CCBC in administering arbitrations governed by the UNCITRAL Arbitration Rules are final and unappealable.

Article 10 – This Resolution is effective from the date of approval hereof.

 

São Paulo, June 20, 2018.

Carlos Suplicy de Figueiredo Forbes

President of the CAM-CCBC

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Annex I

Procedures to be followed in arbitrations governed by the UNCITRAL Arbitration Rules administered by the CAM-CCBC

Introductory Note

The conduction of arbitral proceedings by the CAM-CCBC and governed by UNCITRAL Arbitration Rules shall observe the following rules, as per C(1)(20) of the Recommendations to assist arbitral institutions and other interested bodies with regard to arbitrations under the UNCITRAL Arbitration Rules.

Article 1 – Observance of the procedure

The arbitrations governed by UNCITRAL Arbitration Rules and administered by the CAM-CCBC shall be subject to this procedure, as agreed to between the parties.

Article 2 – Notifications, Manifestations and Communication with the Secretariat of the CAM-CCBC

1. Before the Arbitral Tribunal is constituted, and unless otherwise agreed between the parties, all communications shall be sent to the Secretariat of the CAM-CCBC, which shall notify the other parties and the arbitrators.

2. After the Arbitral Tribunal is constituted, the Secretariat of the CAM-CCBC shall be included in all communications between the parties and the Arbitral Tribunal, and unless otherwise agreed between the parties and ratified by the Arbitral Tribunal.

3. If the appointment of the CAM-CCBC to administer the arbitral proceeding takes place after commencement thereof, the request for the CAM-CCBC to administer the proceeding shall be accompanied by a complete copy of the manifestations and communications exchanged between the parties until then

Article 4 – The Arbitral Tribunal and the Appointing Authority

1. In the cases where the CAM-CCBC administers the proceeding, the President of the CAM-CCBC shall act as the appointing authority.

2. Until the constitution of the Arbitral Tribunal, the President of the CAM-CCBC may administratively dismiss the arbitral proceeding on the grounds of discontinuance (discontinuance pode ser por ambas as partes?). (fazer referência ao art. 36 da Uncitral Arbitration Rules?)

3. After the phase of evaluation of any conflicts of interests, the arbitrators shall execute the Statement of Independence.

Article 5 – Arbitration Expenses

1. The CAM-CCBC shall stipulate the amount to be paid in advance by the parties under the CAM-CCBC Table of Expenses in effect upon receipt of the request for administration of the arbitration in accordance with UNCITRAL Arbitration Rules.

2. As stated in the Table of Expenses, the request for administration of the arbitration by the CAM-CCBC shall be accompanied by the relevant receipt of payment of the Filing Fee.

3. If any breaches are found, the President of the CAM-CCBC or the Arbitral Tribunal may suspend the proceeding or determine dismissal thereof, subject to the provisions of both the Table of Expenses and the applicable administrative resolutions.

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[1] CAM-CCBC Rules, Article 1.1. These Rules are binding on the parties who have decided to submit a dispute to the Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada, which is abbreviated CAM-CCBC.

[2] CAM-CCBC Rules, Article 2.6. The duties of the President of the CAM-CCBC are: (…) (g) to appoint arbitrators in ad hoc arbitrations, upon request of interested parties;

[3] CAM-CCBC Rules, Article 4.12. If either party fails to appoint an arbitrator or the arbitrators appointed by the parties fail to appoint the third arbitrator, the President of the CAM-CCBC shall make such appointment from among the members of the List of Arbitrators.

[4] CAM-CCBC Rules, Article 5.4. The parties may challenge an arbitrator’s lack of independence, impartiality, or for other justified reason within fifteen (15) days from awareness of the circumstances giving rise to such challenge. The challenge shall be decided by a Special Committee composed of three (3) members of the List of Arbitrators appointed by the President of the CAM-CCBC.

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