AR 43/2020

Resumption of physical hearings

Ref.: Resumption of physical hearings, considering public health recommendations related to Covid-19

CONSIDERING that the Administrative Resolution N. 40/2020 (“AR 40/2020”) dealt with the impact of the exceptional situation related to Covid-19 on the activities of the Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada (“CAM-CCBC”) that, in the view of the uncertainty scenario, was approved without a previously defined effective date;

CONSIDERING CAM-CCBC’s total commitment, on one side, to the preservation of the integrity of the community as a whole, including arbitrators, mediators, experts, lawyers, parties and their employees, and, on the other side, to providing an efficient administration of alternative dispute resolution methods;

The President of the CAM-CCBC in the use of the powers conferred on her by article 2.6 (c) and (f)[1] of the CAM-CCBC Rules, approved on September 1, 2011, with amendments approved on April 28, 2016, resolves to issue this resolution that modifies the Resolution 40/2020 exclusively regarding the hearings.

The item 4 of AR 40/2020, that deals with “Hearings and Meetings”, becomes effective with the following content:

  1. Hearings and Meetings

The Secretariat of the CAM-CCBC shall provide remote hearings, via Microsoft Teams or similar platform, with the monitoring of the responsible case manager and an IT technician.

The meetings shall be scheduled by the Secretariat, which shall send an invitation via e-mail to all participants, through which access shall be granted with sound and /or video. During the meeting it shall also be possible to project documents and presentations using screen sharing.

The recording shall be made by the Secretariat and stenography and translation services can be hired, if necessary. More details about the technical requirements and other guidelines for the conduction of these hearings and meetings are available at this link.

In-person hearings and meetings at the CAM-CCBC units in São Paulo and Rio de Janeiro and/or in any other location may be conduct, on an exceptional basis.

The assessment of the need to conduct in-person hearings must be cautious and carried out by the Arbitral Tribunal. In this assessment, the specifics of the case should be considered, such as: the impossibility of conducting a hearing in a remote format, the justified refusal of the parties to participate in a remote hearing, damages to the parties and to the procedure and / or urgency regarding its failure of conduction while on-site activities remains suspended at CAM-CCBC headquarters.

The conduction of in-person hearings at CAM CCBC facilities is also subject to strict compliance with security rules and other guidelines from the Secretariat of the CAM-CCBC, as follows:

(i) all participants of the hearing must previously execute a Statement of Responsability, which shall be sent by the Secretariat of the CAM-CCBC;

(ii) temperature measurement is mandatory before entering the CAM-CCBC´s headquarters and access shall only be authorized to persons whose registered temperature is less than 37.5º centigrade;

(iii) during the entire period of permanency at the CAM CCBC facilities are mandatory: maintaining a distance of 1.5 m, using masks, taking breaks every 2 hours for the cleaning of the Hearing Center, observing the maximum capacity of each room; and

(iv) food is not allowed at the Hearing Center.

CAM-CCBC shall provide to everyone: disposable masks, 70º hand sanitizer and individual snacks in the support rooms during breaks.

Any participant may be invited to leave the CAM-CCBC premises or the location where the hearing is conducted in the event of non-compliance with the security rules and guidelines informed by members of the Secretariat.

 

***

São Paulo, 05 October, 2020.

Eleonora Coelho
Presidente do CAM-CCBC

[1] Rules of the CAM-CCBC, article 2.6: The President of the CAM-CCBC shall: (…)
(c) issue Administrative Resolutions; (…)
(f) issue complementary rules, aiming at resolving doubts, guiding the application of this Rules, including regarding omitted cases;

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