AR 46/2021

Expedited Arbitration Rules

Ref: Expedited Arbitration Rules

CONSIDERING CAM-CCBC’s commitment to the best practices and continuous development of the appropriate methods of dispute resolution,

The President of the CAM-CCBC in the use the powers conferred upon her by article 2.6 ‘c’ and ‘d’ of the CAM-CCBC Rules, approved on September 1, 2011, upon consideration of the Advisory Committee’s view thereon, decides to issue this resolution about the Expedited Procedure for Arbitration cases administered by the CAM-CCBC (“Expedited Arbitration”).

ARTICLE 1 – SCOPE OF THE RULES 

1.1. The parties who decide to submit a dispute to arbitration administered by the CAM-CCBC, governed by the CAM-CCBC Arbitration Rules (“Standard Rules”), accept and are bound to these provisions on the Expedited Procedure for Arbitration (“Expedited Arbitration Rules”).

1.2. The purpose of the Expedited Arbitration Rules is to offer a swifter procedure for the resolution of disputes by arbitration.

1.3. The parties and Arbitral Tribunal shall make all the efforts to conduct the arbitration in a fast, efficient, and safe manner the resolution of the dispute.

1.4. For a dispute to be submitted to Expedited Arbitration, the amount in dispute must not exceed three million reais (R$ 3,000,000.00).

1.5. The provisions for Expedited Arbitration shall not apply if:

(a) The arbitration agreement, which provides for the application of the Standard Rules, has been concluded prior to the date of entry in force of these Expedited Arbitration Rules, except if the parties decide to adhere to it; or

(b) The parties have mutually agreed to exclude the application of the Expedited Arbitration Rules.

1.6. Prior to the constitution of the Arbitral Tribunal, the Presidency of the CAM-CCBC, by its own initiative or upon request by one of the parties, may determine that the application of the Expedited Arbitration Rules is inappropriate.

1.6.1. The Presidency of the CAM-CCBC shall analyze the suitability of the case to the Expedited Arbitration Rules, in the administrative instance, considering its complexity and other relevant circumstances.

1.6.2. The decision given by the Presidency of the CAM-CCBC is subject to confirmation by the Arbitral Tribunal.

1.7. If the application of the Expedited Arbitration Rules is considered inappropriate for a particular case, the Arbitral Tribunal constituted according to these rules shall remain in its duties.

1.8. If the amount in dispute is reassessed, exceeding three million reais (R$ 3,000,000.00), the arbitration proceeding shall continue to be administered under the Expedited Arbitration Rules, except if agreed upon by the parties or otherwise determined by the Presidency of the CAM-CCBC (if the Arbitral Tribunal is still not constituted) or by the Arbitral Tribunal. In any case, the Table of Expenses set forth in article 12.1 of the Standard Rules shall apply.

 

ARTICLE 2 – EXPEDITED ARBITRATION PROCEDURE

2.1. The provisions of the Standard Rules apply to the arbitration subject to the Expedited Arbitration Rules, with the following amendments.

2.2. When the time period of article 4.3 of the Standard Rules is elapsed, the Secretariat of the CAM-CCBC, if the requirements of article 1.4 are met, shall forward a copy of these Rules to the parties, informing about its application to the case.

2.3. The terms provided for in the Standard Rules, until the constitution of the Arbitral Tribunal, may be reduced by the Secretariat of the CAM-CCBC, for the purpose of speeding up the procedure.

2.4. The time period shall be counted in calendar days and shall begin on the first business day after the forwarding of an electronic communication containing the submission and its supporting documents or informing about their availability in an electronic platform by the Secretariat of the CAM-CCBC.

2.5. All communication, notices or summons, and the transmission of any submissions, decisions or documents shall be made by electronic means.

2.6. The Expedited Arbitration, unless the parties agree otherwise, shall be conducted and decided by a Sole Arbitrator, appointed as provided in the Standard Rules.

2.7. If the arbitration agreement provides for a three-person tribunal, the Secretariat of the CAM-CCBC shall invite the parties to express their consent to the appointment of a Sole Arbitrator. If no agreement is reached, the Arbitral Tribunal shall be constituted according to the parties’ agreement.

2.8. The Special Committee to be formed in accordance with article 5.4 of the Standard Rules shall consist of one (1) member of the List of Arbitrators nominated by the Presidency of the CAM-CCBC.

2.9. Upon commencement of the arbitration, as set forth in article 4.14 of the Standard Rules, the Secretariat of the CAM-CCBC shall notify the parties and the arbitrators to sign the Terms of Reference within fifteen (15) days.

2.10. After the signing of the Terms of Reference, the parties shall not be able to modify, add or amend the claim and causes of action, unless expressly authorized by the Arbitral Tribunal.

2.11. The Arbitral Tribunal shall adopt the necessary and convenient measures for the correct development of the procedure and shall conduct the proceeding in the manner it considers most appropriate for a swift resolution of the dispute, observing the right to fully defend oneself and the right to dispute the allegations of the other party, as well as the equal treatment of the parties.

2.12. The Arbitral Tribunal may limit the number, size, and scope of the written submissions.

2.13. The Arbitral Tribunal may, after hearing the parties, decide that the proceeding shall be conducted solely based on documentary evidence and may reject requests for other evidence.

2.14. The evidentiary hearing, if approved by the Arbitral Tribunal, shall preferably be held remotely, by videoconferencing or other means of telematic communication.

2.15. The proceeding shall not exceed the period of ten (10) months, counted from the signing of the Terms of Reference until the beginning of the deadline for the delivery of the final award.

2.15.1. If the time period exceeds ten (10) months, the proceeding shall continue to be administered according to the Expedited Arbitration Rules, except if agreed upon by the parties or otherwise determined by the Arbitral Tribunal. In any event, the Table of Expenses set forth article 12.1 of the Standard Rules shall apply.

2.16. The arbitral award shall be delivered within thirty (30) days from the conclusion of the evidentiary phase, which can be extended for an equal period of time.

 

ARTICLE 3 – TABLE OF EXPENSES AND ENTRY INTO FORCE

3.1. The CAM-CCBC shall maintain a table of administrative fees and arbitrators’ fees applicable to the proceedings under the Expedited Arbitration Rules, with amount in dispute up to three million reals (R$ 3,000,000.00).

3.2. The administrative fee and arbitrators’ fees applicable to the proceedings with the amount in dispute superior to those provided in the Table of Expenses of Expedited Arbitration shall be calculated according to the table of expenses applicable to the Standard Rules.

3.3. These Expedited Arbitration Rules, approved on February 1st, 2021, shall enter into force on the same date.

Table of Expenses of the Expedited Arbitration

Approved on February 1st, 2021 by the Presidency of the CAM-CCBC

The Table of Expenses of the Expedited Arbitration only applies to the proceedings in which the following requirements are cumulatively met: (i) the amount in dispute is equal to or less than R$ 3,000,000.00; and (ii) the proceeding is governed by the Expedited Arbitration Rules. The provisions contained in the table of expenses of the Standard Rules apply case of omission.

The provisions for segregation shall not apply.

The administrative fee, arbitrators’ fees and other arbitration expenses are jointly and severally due by the Parties.*

As for payment of those costs, the administrative fee and arbitrators’ fees shall be paid 50% by the Claimants and 50% by the Respondents, within fifteen (15) days from the Secretariat’s notification of the application of the Expedited Arbitration Rules.

Administrative Fee:

Amount in Dispute (R$)

Administrative fee

R$+ % of the difference

1,000,000 R$30,000.00
1,000,000 2,000,000 R$ 30,000.00 + 0.90% of the amount exceeding 1,000,000
2,000,000 a 3,000,000 R$ 39,000.00 + 0.90% of the amount exceeding 2,000,000

Sole Arbitrator’s Fees

Amount in Dispute (R$) ‘Unit for Calculation of Fees’’
(R$ + % of the difference)
1,000,00 R$45,000.00
1,000,000 2,000,000 R$ 45,000.00 + 1.400% of the amount exceeding 1,000,000
2,000,000 a 3,000,000 R$ 59,000.00 + 1.400% of the amount exceeding 2,000,000

If the Arbitral Tribunal is constituted by three (3) arbitrators, the co-arbitrators’ fees shall be calculated as below:

Chairman of the Arbitral Tribunal: 1 Unit for Calculation of Fees

Co-arbitrators: 2 Units for Calculation of Fees x 0.83333

The maximum amount of expenses with administrative fee and sole arbitrator’s fees applied according to this table of expenses is R$121,000.00.

Special Committee

Committee’s fees: R$10,000.00 per challenged arbitrator.

* For the purposes of Article 12.12. of the Standard Rules: “Independently of the provisions in articles 12.10 and 12.11 of these Rules, the CAM-CCBC can demand payment, in court or out of it, of the Administrative Fees, arbitrators’ fees or expenses, which will be considered liquidated debts, and can collect them through judicial execution, together with interest and inflation adjustment, as provided in the Table of Expenses”

***
São Paulo, 02 February, 2021.
Eleonora Coelho
CAM-CCBC’s President

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