How to initiate an arbitration proceeding at the CAM-CCBC?
To institute a new procedure with CAM-CCBC, the Request for Commencement of Arbitration must contain the requirements listed in Article 4.1 of the Regulation:
(a) document containing the arbitration agreement;
(b) power of attorney;
(c) summary indication of the object;
(d) estimated value of the controversy;
(e) name and full qualification of the parties; and
(f) indication of the registered office, language, law or applicable legal norms, according to the contract.
In addition to the above requirements, the Request for Commencement of Arbitration must contain proof of payment of the Registration Fee (Article 4.2 of the Rules of Procedure) and must be presented in sufficient ways for all parties, arbitrators and the CAM-CCBC Secretariat to receive a copy , if there is an applicant party, a requested party and the arbitral tribunal is made up of three arbitrators, six equal channels of the Request for Arbitration and its annexes must be presented).
The Request for Commencement of Arbitration must be brought in person or sent by mail to the CAM-CCBC address (Rua do Rocio, 220, 12º andar, conjunto 122, CEP 04552-903, São Paulo, SP).
How to pay the Registration Fee to initiate a new arbitration proceeding?
To collect the Registration Fee, in the amount of R $ 4,000.00 (four thousand reais), please send a request for bank information to the CAM-CCBC Financial Department, at email@example.com.
Does the CAM-CCBC have a list of arbitrators? Is it possible to select an arbitrator who is not on the list?
The CAM-CCBC has an Arbitrators Body composed of Brazilian and foreign professionals of proven reputation and experience (article 3.1). See the composition of our Arbitrators Body at this link.
It is possible to appoint an arbitrator from outside the list, provided that the CV of the indicated professional is presented, which will be submitted to the approval of the CAM-CCBC President (article 4.4.1). Nevertheless, to act as President of the Arbitration Tribunal, the chosen arbitrator must be on the institution’s list.
If the seat provided for in the arbitration convention is not São Paulo, does the CAM-BCCC administer proceedings in other cities?
The arbitrations administered by the CAM-CCBC may be located in any city in Brazil and in any city abroad (article 9.1). In addition, arbitration acts, such as the meeting for signature of the Arbitration Term or hearings in the course of the proceeding, may occur in a place other than that of the seat (article 9.3).
The Request for Arbitration, however, must be brought in person or sent by mail for registration at the address of the CAM-CCBC: Rua do Rocio, no. 220, 12th floor, room 122, Zip Code 04552-903, São Paulo, SP.
What is the financial cost of an arbitration proceeding administered by the CAM-CCBC?
With the establishment of a new arbitration proceeding, the amounts that must be deposited with the CAM-CCBC relate to the arbitrators’ fees and administration fees of the proceeding.
The calculation of these expenses is based on the estimated value of the dispute, and follows the rules set forth in the CAM-CCBC Expenditure Table (article 12). For arbitration proceedings instituted from 2017, the Table is available at this link.
If the arbitration clause establishes that the language will be other than Portuguese, may the CAM-CCBC administer the arbitration proceeding?
The arbitration shall be conducted by the CAM-CCBC in the language provided for in the arbitration clause (article 9.5). If there is agreement between the parties, the previously agreed language may be modified.
Is it possible for the proceeding to be conducted and judged by a single arbitrator?
The arbitration proceeding may be conducted by a single arbitrator if the parties have previously agreed, in the arbitration clause (article 4.13), or if they so request.
How can I request a provisional remedy?
If the Arbitration Tribunal is already established, precautionary, coercive and anticipatory measures may be requested directly from the arbitrators (article 8.1).
In cases of urgency in which the Arbitration Tribunal is not yet established, the parties may request precautionary or coercive measures directly from the judicial branch (Article 8.2). It is also possible to use the figure of the emergency arbitrator, as provided in Administrative Resolution 32/2018.
How to consult court precedents? Does the CAM-CCBC make arbitration awards available for consulting purposes?
The arbitration proceedings administered by the CAM-CCBC are confidential (Article 14). At the moment, we do not make disclosure of arbitration decisions for consultation of jurisprudence.
Does the CAM-CCBC administer arbitration proceedings by resorting to arbitration rules or regulations of other institutions?
CAM-CCBC only administers procedures that follow the rules of its Arbitration Rules.