How can I 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 Rules:
(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.
The Request must also contain proof of payment of the Registration Fee (Article 4.2 of the Rules). In addition, it 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, for instance, six equal channels of the Request for Arbitration and its annexes must be presented.
The document can be delivered in person at the São Paulo or Rio de Janeiro units or sent through courier/post.
Does the CAM-CCBC have a list of arbitrators and mediators? Is it possible to select an arbitrator who is not on the list?
The CAM-CCBC has a List of Arbitrators and a List of Mediators, both composed of Brazilian and foreign professionals of proven reputation and experience (article 3.1 of the Arbitration Rules and of the Mediation Rules).
Parties may freely appoint an arbitrator. Their curriculum must be sent to the Case Manager responsible for its submission to CAM-CCBC’s President for approval (as per article 4.4.1 of the Arbitration Rules). As for mediation proceedings, Parties can exceptionally – and subject to approval of CAM-CCBC’s President – appoint a mediator from outside the list (article 3.6 of the Mediation Rules).
Does CAM-CCBC administer proceedings in other cities apart from São Paulo and Rio de Janeiro?
Proceedings administered by the CAM-CCBC may take place in any city in the world (article 9.1 of the Arbitration Rules and article 5.1 of the Mediation Rules).
In its São Paulo unit, CAM-CCBC offers complete infrastructure for arbitration hearings, mediation meetings and any other procedural acts necessary, without any extra costs. In its Rio de Janeiro unit, the Center offers complete infrastructure for meetings, also without any extra costs.
The Request for Arbitration, however, must be brought in person or sent by mail for registration always to CAM-CCBC’s units in São Paulo or Rio de Janeiro.
What is the financial cost of proceedings administered by the CAM-CCBC?
Costs of arbitration and mediation proceedings are previously established in specific cost tables, which can be found in the Arbitration and Mediation sections of the website. Arbitration estimated costs can be calculated through the cost calculator on the same website page.
Does CAM-CCBC administer proceedings only in Portuguese?
CAM-CCBC administers proceedings in the language established in the arbitration or mediation agreement – which applies to any other type of proceedings initiated before the Center. Case Managers are prepared to conduct cases in several languages, such as English and Spanish.
Does CAM-CCBC administer arbitration proceedings based in other institutions’ rules?
CAM-CCBC administers procedures that follow its Arbitration Rules or the UNCITRAL Rules, as per Administrative Resolution 33/2018.
Does CAM-CCBC have an Ethics Code?
CAM-CCBC has Codes of Ethics for Arbitrators and Mediators, fully available in English. The Codes guide the conduct of the arbitrators, mediators and other professionals involved in proceedings administered by the Center.
Can I be listed as an arbitrator or mediation in CAM-CCBC’s List?
CAM-CCBC has Arbitrator and Mediator Lists (see questions above). To apply for the List of Mediators, candidates should follow the instructions of Administrative Resolution 27/2017. The proceedings for appointment of arbitrators for the List is established in CCBC’s Statute and CAM-CCBC’s Arbitration Rules. As per article 3.1 of the Rules, “[…] the List of Arbitrators is constituted of professionals domiciled in Brazil or abroad, with flawless reputation and recognized legal expertise, who are appointed by the President of the CAM-CCBC, with the Advisory Committee being heard, for a period of five (5) years, with reappointment allowed”.
How can I hire CAM-CCBC’s services?
To initiate a proceeding before CAM-CCBC it is necessary to have chosen arbitration or mediation, for instance, as the method for dispute resolution of disputes arising of a contract or relationship. Parties can do that by inserting a clause in a contract or through a signed agreement of the parties, as per applied legislation. CAM-CCBC makes clause models available on its website.