Section 1. These Regulations are applied every time the arbitration clause or arbitration agreement stipulates the adoption of arbitration rules of the Specialized Mediation and Arbitration Chamber – CAMES.
Sole Paragraph. CAMES does not practice any jurisdictional acts, which are reserved to the Arbitrators appointed under these Arbitration Regulations.
Section 2. In these regulations, the following meanings are ascribed to the following terms:
I – CAMES Brazil – CAMES headquarters in charge of supervision of local chapters;
II – Local CAMES – CAMES branch operating in a given State or Municipality, bound to CAMES Brazil; and
III – PACTO – CAMES electronic proceeding system where the arbitration proceeding is necessarily conducted.
Paragraph 1. The expression ‘Arbitration Tribunal’ is to be applied interchangeably to the Sole Arbitrator or the Arbitration Tribunal.
Paragraph 2: The terms ‘claimant’ and ‘respondent’ are to be applied regardless of one or more claimants or respondents.
Section 3. Arbitration proceedings submitted to CAMES must comply with the Code of Ethics, the Arbitration Regulations, CAMES Table of Arbitration Costs and Fees, as well as other applicable rules.
Sole Paragraph. The aforementioned CAMES regulations will be applicable to arbitrations according to the version in force on the date the Terms of Reference referred to in Section 50 of these regulations are signed.
Section 4. Arbitration is regulated by the following principles:
I – free will of the parties;
II – impartiality of the arbitrator;
III – equality of the parties;
IV – discretion of the Arbitrator;
V – due process of law;
VI – right to a fair hearing;
VII – confidentiality; and
VIII – good faith.
ORGANIZATION OF THE CHAMBERS FOR ARBITRATION
Section 5. CAMES Executive Board is in charge of resolving matters concerning the validity and efficacy of arbitration clause before the Arbitration Tribunal, recusal of the arbitrator, as well as appointment of an arbitrator in the event parties do not reach an agreement.
Section 6. The Executive Board will be comprised by 5 (five) members, one of them being the president, and the other the vice-president.
Paragraph 1. Members of the Board will be appointed by CAMES Brazil’s partners, and the Board must be presided by one partner of CAMES Brazil.
Paragraph 2. Any partner of CAMES Brazil or Local CAMES is eligible to be a member of the Board.
Paragraph 3. The decisions of the Board are approved by a simple majority.
Paragraph 4. The members of the Board will serve for a term of 2 (two) extendable years.
Paragraph 5. The national or local partner who is licensed from CAMES, for any reason, is not eligible under the terms of Paragraph 2.
Paragraph 6. In the event the licensed partner is part of the Executive Board, this partner must be replaced by a decision of CAMES Brazil immediately after the licensing.
Section 7. The Board will be called by Local CAMES upon submission through PACTO System.
Paragraph 1. The Board may, before reaching a decision, request comments from the Local CAMES or the Arbitrator on the case, aiming to obtain necessary clarification.
Paragraph 2. The Board will decide on the matters submitted thereto within 5 (five) business days, counted as of the receipt of the submission.
Section 8. The Permanent List of Arbitrators – PLA – is comprised by arbitrators of well-known expertise, who are chosen among people of notable proficiency, recognized capacity, professional experience, and unblemished reputation.
Paragraph 1. When accepting the nomination to compose the PLA, the Arbitrator will be accredited by CAMES to conduct the arbitration on the parties’ account and to the benefit of the disputing parties.
Paragraph 2. The PLA is available for parties to consult on CAMES’ website.
CHAPTER III – REQUEST FOR ARBITRATION
Section 9. The party interested in commencing an arbitration proceeding must file the Request for Arbitration, by means of a submission form, available on CAMES’ website, or in written form, to the Local CAMES.
Paragraph 1. The Request, when submitted through CAMES’ website, must be signed digitally, under the terms of Section 15(2) of these Regulations.
Paragraph 2. The Request, when submitted in writing, may be filed with the Local CAMES or sent through courier with certificate of receipt. The digital document is filed exclusively with PACTO.
Section 10. The Request for Arbitration must contain:
I – name, e-mail, telephone number, address and complete information of the parties;
II – name, e-mail, telephone number, address and complete information of the parties’ counsel, accompanied by the powers of attorney thereof.
III – copy of the articles of incorporation or similar document granting the powers to represent the legal entity;
IV – copy of the document containing the arbitration clause or agreement;
V – summary of the object of the arbitration;
VI – description of the claims;
VII – actual or estimated value of the dispute;
VIII – name of the Arbitrator appointed by the party, in the event of an Arbitration Tribunal, under the terms of Section 28 of these Regulations;
IX – indication of the Local CAMES, language, applicable legislation or rules and, if the case, the option for equity, in the event the arbitration clause or agreement does not include any provision on the matter;
X – indication of the use of summary or ordinary arbitration in the event the actual or estimated amount is higher than BRL 200,000 (two hundred thousand Brazilian Reais), in the event the option is not indicated in the arbitration clause or agreement;
XI – the declaration of acceptance or non-acceptance of mediation prior to arbitration, in the event this is not provided in the arbitration clause or agreement.
Section 11. When there is a Request for Arbitration referring to an arbitration proceeding instituted by the same parties or, even, when the object of the dispute or the pleading is common to both of them, the Arbitration Tribunal of the first instituted arbitration will decide on the possible connection between the cases or the joinder of the proceedings, and other proceedings will remain suspended until said decision.
Sole Paragraph. If, in the aforementioned event, there is no instituted Arbitration Tribunal, Local CAMES will proceed with the firstly submitted Request for Arbitration and will stay the others until the Arbitration Tribunal of the first proceeding is formed. This Tribunal will then decide on the possible connection of the disputes or joinder of the proceedings.
Section 12. Local CAMES appointed in the Request for Arbitration, within 5 (five) business days counted as of the receipt of the request, will send the respondent, through a courier service with certificate of receipt, to the address indicated by Claimant, a copy of the request for arbitration and ancillary documents, in addition to the links to access the answer form, Arbitration Regulations, Table of Arbitration Costs and Fees and the updated PLA version, notifying Respondent to present statements concerning the Request for Arbitration within 10 (ten) business days counted as of the receipt.
Paragraph 1. Respondent’s answer must be filed through the appropriate form available through the link sent by CAMES or in writing with the respective Local CAMES, under the terms of Section 9 of these Regulations.
Paragraph 2. The Respondent will present statements about the acceptance or non-acceptance of the requested arbitration, in addition to informing whether they are interested or not in participating on the prior mediation when requested by the Claimant.
Paragraph 3. In the event the Respondent agrees to the prior mediation, the arbitration proceeding will be suspended to carry out the mediation under the terms of CAMES Mediation Regulations.
Paragraph 4. In the event of arbitration clause or agreement expressly indicating CAMES, if one of the parties refuses or abstains from attending the arbitration, the arbitration will be conducted under the ordinary proceeding and the absent party will be communicated, via courier with certificate of receipt, of all the conducted acts, at claimant’s expense, being able to intervene in the proceeding at any time.
Paragraph 5. The Respondent may, if the case allows, request the inclusion of a new party to the proceeding, as well as present counterclaims under the requirements of Section 10 of these Regulations.
Section 13. In the event the Respondent requests the inclusion of a new party or presents counterclaims, Claimant will be notified to present statements within 10 (ten) business days.
Section 14. In the event the Respondent requests the inclusion of a new party to the arbitration, the respective Local CAMES, within 5 (five) business days counted as of the receipt of the request, will send the party at issue, through a courier service with certificate of receipt, to the address indicated by Respondent, a copy of the request for arbitration and ancillary documents, in addition to the links to access the answer form, Arbitration Regulations, Table of Arbitration Costs and Fees and the updated PLA version, notifying the party to present statements on the Request for Arbitration and the request for inclusion as party, within 10 (ten) business days counted as of the receipt.
Section 15. PACTO will be used throughout the entire arbitration proceeding.
Paragraph 1. After express consent from all the parties, PACTO will be released to all the parties to the proceeding and counsel therefor, within 48 (forty eight) hours counted as of the express consent.
Paragraph 2. The record of any act with PACTO must be made through open standards that must meet requirements of authenticity, integrality, time, non-repudiation, conservation, and confidentiality, observing the national public key infrastructure under Brazilian legislation.
Paragraph 3. Counsel for parties must hold a valid digital certificate to use PACTO, under the terms of Paragraph 2.
Paragraph 4. All motions and documents filed by parties after the signature of the Terms of Reference must necessarily be filed through PACTO.
Paragraph 5. The counsel for the party who files motions and documents with PACTO is personally responsible for the authenticity thereof.
DEADLINES AND COMMUNICATIONS
Section 16. All communications of procedural acts will be made through PACTO by the counsel for each of the parties to the arbitration.
Section 17. The communication will be deemed as complete within 2 (two) business days counted as of the date when the procedural act is available at PACTO.
Paragraph 1. In the event of the provision of the heading, in cases when the procedural act is available on a non-business day, the availability will be deemed as being made on the next business day.
Paragraph 2. With the purpose of information, e-mails may be sent to notify the existence of communications within PACTO, under the terms of this Section.
Paragraph 3. E-mails referred in paragraph 2 have a merely informative nature and therefore do not exempt representatives of the parties of the responsibility of accessing PACTO to visualize new procedural acts and communications in the proceedings.
Paragraph 4. In urgent cases where communication made under this article may cause loss to any of the parties or in cases where there is evidence of any deceit to the system, the procedural act must be carried out by another means that allow the aim thereof, as justified by Arbitrator.
Section 18. The communication will determine the deadline to meet with the measure requested by the Arbitration Tribunal.
Paragraph 1. In the event these Regulations or the Arbitration Tribunal does not stipulate a deadline, said deadline will be of 5 (five) business days to practice the procedural act assigned to the party.
Paragraph 2. The deadlines set forth in these Regulations may be altered in the Terms of Reference, if justified, at the discretion of the Arbitration Tribunal or at the joint request of the parties.
Section 19. All deadlines referring to the arbitral proceeding will be counted in business days, excluding the first day of the period and excluding the last one.
Paragraph 1. Business days are counted as the ones when the Local CAMES is operating, according to the calendar available at PACTO.
Paragraph 2. From 22 December and 05 January CAMES will have a holiday recess. During such period, Local CAMES will not be operating and these days are not deemed as business days.
Paragraph 3. During the holiday recess, urgent measures of conservation of compensation may be analyzed.
Paragraph 4. Days when deadlines start to be counted and finish will be postponed to the first ensuing business day in the event PACTO is not available.
Section 20. In the event the Arbitration Tribunal has not been formed yet, and urgent conservation or compensation measures are necessary in order to prevent imminent damage or irreparable loss, the matter may be subjected to CAMES Executive Board, which will appoint a name from the PLA as Emergency Arbitrator, whose function will be to decide on the urgent matter, which will be in force until the Arbitration Tribunal decides on the matter.
Section 21. The Emergency Arbitrator must decide on the urgent matter after hearing the opposing party, which will be notified to present a statement within 48 (forty eight) hours. The urgent matter may be ordered without hearing the opposing party when such hearing is indispensable for the efficacy of the measure, and the Arbitrator must order the immediate notification of the content of the decision.
Section 22. The Emergency Arbitrator that eventually decides on the matter will be entitled to specific compensation, corresponding to 30% of CAMES Table of Arbitration Costs and Fees, and advanced by the party who requested the measure. The Emergency Arbitrator is not allowed to compose the Arbitration Tribunal that will decide the dispute definitively, nor any other that involves a related matter.
Section 23. The Emergency Arbitrator may only be requested in the event the arbitration agreement contains express provision as to the action thereof. Otherwise, the party must directly resort to Courts to obtain the conservation measures that may be necessary to prevent irreparable or hardly reparable loss, and such measure will not be considered as a waiver to arbitration.
Section 24. In the event the measure is granted, the party who requested the measure must present the Request for Arbitration within 30 (thirty) days counted as of the accomplishment of the decision issued by the Emergency Arbitrator, under the penalty of loss of validity of the granted measure.
Section 25. The decision issued by the Emergency Arbitrator or the Courts may be upheld or reversed by the Arbitration Tribunal to be formed.
INSTITUTION OF ARBITRATION
Section 26. The disputes will be solved by a Sole Arbitrator or an Arbitration Tribunal formed by 3 (three) Arbitrators.
Section 27. When the parties have agreed that the dispute must be solved by a Sole Arbitrator, parties may appoint the Sole Arbitrator jointly.
Paragraph 1. In the event there is no agreement as to the appointment, each party will present a list containing the name of up to 3 (three) Arbitrators accredited by CAMES, in order of preference. In the event there is one single common appointment in the lists presented, this will be the chosen Arbitrator.
Paragraph 2. In the event there is more than one common appointment in the lists presented by the parties, the Arbitrator to be chosen will be the one with highest rank in the respective preference lists, and from the list of 1 to 3, the one with the lowest number will prevail in the appointment.
Paragraph 3. In the event the chosen Arbitrator refuses to act in the Arbitration, parties have a new period to present a new list, under the terms of paragraphs 1 and 2 hereof.
Paragraph 4. In the event there is no common name in the lists or in the event of a draw, CAMES, through the Executive Board, will appoint the Arbitrator from the lists presented by the parties or the permanent list of professionals, according to criteria that assures the impartiality and expertise to support the resolution of the conflict.
Section 28. When the parties have agreed that the dispute must be solved by an Arbitration Tribunal, each party will appoint, in the Request for Arbitration and the answer, respectively, one Arbitrator.
Sole paragraph. In the event one of the parties does not make the appointment, the Arbitrator will be appointed by CAMES Executive Board.
Section 29. In the event more than one party is a Claimant or Respondent, Claimants, jointly, and Defendants, jointly, will appoint their respective Arbitrators. In the event Claimants or Respondents do not reach a consensus, CAMES Executive Board may, after hearing the parties, appoint the respective Arbitrator.
Section 30. In the event professionals who are not part of CAMES Arbitrators List are appointed, such appointments must be accompanied by the respective résumés for the analysis of CAMES Executive Board.
Sole Paragraph. In the event of the heading, the professional must enter into a partnership agreement with CAMES, comply with CAMES Code of Ethics and the provisions of these Regulations.
Section 31. In the event the parties have not stipulated the number of Arbitrators in the arbitration agreement, the parties must indicate whether they want the dispute to be resolved by a Sole Arbitrator or Arbitration Tribunal, within the term to answer the Request for Arbitration.
Section 32. In the event the parties do not reach consensus as to the number of Arbitrators, CAMES Executive Board will decide, within 5 (five) business days, under the following guidelines:
I – disputed amount lower or equivalent to BRL 1 million: Sole Arbitrator
II – disputed amount higher than BRL 1 million and lower than BRL 5 million: Sole Arbitrator or Arbitration Tribunal, depending on the complexity of the technical or legal matters involved;
III – disputed amount higher than BRL 5 million: Arbitration Tribunal
Section 33. In the hypothesis of the previous section, parties will be communicated of the decision taken by CAMES Executive Board to present their respective appointments within 5 (five) business days, under Sections 27 to 30.
Section 34. Before the Arbitration Tribunal is formed, the Executive Board will examine objections to the existence, validity or efficacy of the arbitration agreement that may be resolved immediately, regardless of evidence. In any case, the Arbitration Tribunal, once formed, will decide on the jurisdiction thereof, confirming or modifying the prior decision.
Section 35. Local CAMES will communicate parties and Arbitrators of the appointments, when the Arbitrators appointed will be requested to accept or refuse the nomination and, in the event of acceptance, filling CAMES Conflict and Availability Questionnaire, referred to as ‘Questionnaire’, within 3 (three) business days.
Section 36. The answers to Questionnaires and possible relevant facts will be forwarded to parties, who will then have 5 (five) business days to present their statements. In the event there is no statement from the parties, no objection will be deemed to have been made.
Section 37. In the event parties object to the independence, impartiality or any relevant matter concerning the Arbitrator, such Arbitrator will be granted a period of 3 (three) days to present a statement on the matter. In the event the Arbitrator does not recognize the objection, the case will be submitted to CAMES Executive Board.
Section 38. In the event the objection is accepted or in the event of recusal of the Arbitrator, Local CAMES will communicate the party to present a new appointment within 3 (three) business days, under Sections 27 or 28.
Section 39. In the event the resolution of the dispute is defined as to be made by an Arbitration Tribunal, Local CAMES will communicate the Arbitrators appointed by the parties to choose, within 3 (three business days) and among the professionals accredited by CAMES, the third Arbitrator, who will preside at the Arbitration Tribunal, unless the parties have mutually defined another method of appointment.
Section 40. Exceptionally and upon grounded justification to be approved by CAMES Executive Board, the Arbitrators appointed by the parties may indicate a professional who is not accredited by CAMES as Arbitrator as president of the Tribunal, under the terms of Section 30.
Section 41. In the event Arbitrators do not reach a consensus as to the name of the third Arbitrator, the third Arbitrator will be appointed by CAMES Executive Board.
Section 42. Local CAMES will notify the parties and Arbitrators of the appointment of the Arbitrator to act as president of the Arbitration Tribunal and will request the appointed Arbitrator to present a statement under the terms of Section 36.
Section 43. The Arbitrators will be convened to sign the Independence Term, which formalizes the acceptance of the duty.
Section 44. The following persons cannot be appointed as Arbitrators:
I – one who is a party to the dispute;
II – one who has participated in the resolution of the dispute, as legal representative of one of the parties, presenting a deposition as a witness, acting as an expert or presenting an opinion;
III – one who is a spouse, relative, blood-related or the like, in direct or collateral line, within the third degree, of one of the parties;
IV – one who is a spouse, relative, blood-related or the like, in direct or collateral line, within the third degree, of the counsel or legal representative of one of the parties;
V – one who participates at entity of directorship or management of a legal entity that is a party to the dispute or of which is a shareholder or partner;
VI – one who is a close friend or enemy of one of the parties;
VII – one who is a creditor or debtor of one of the parties or the spouse thereof, or even of their relatives, in direct or collateral line, within the third degree;
VIII – one who is a presumptive heir, donee, employer, employee or service provider of one of the parties;
IX – one who receives advantages before or after the dispute has arisen, advises one of the parties on the object of the dispute or provides resources to pay for expenses of the case;
X – one who is directly or indirectly interested in the decision of the case in favor of one of the parties;
XI – one who has acted as a mediator or conciliator, in the dispute, before the institution of the arbitration; or
XII – one who has an economic interest related to any of the parties or the legal counsel thereof.
Section 45. The arbitrator must declare, at any time, the potential conflict and refuse appointment, or present a recusal.
Section 46. The Parties may challenge the arbitrators due to lack of independence, impartiality, or any other justified reason, within 7 (seven) business days counted as of the awareness of the fact. The challenge will be judged by CAMES Executive Board.
Section 47. In the event during the course of the proceedings any reason for recusal arises, or in the event of death or incapacity of any of the Arbitrators, such Arbitrator will be replaced by another, under the terms of Sections 27 and 28. In the event the grounds for recusal affect the President of the Arbitration Tribunal, the President will be replaced by a new appointment of the other Arbitrators. In either case, in the event Arbitrators do not act, the appointment will be made by the Executive Board.
Section 48. The parties who submit to arbitration under the Regulations hereof must:
I – comply with the regulations hereof and act with loyalty and good faith in all procedural acts;
II – expose the facts according to the truth;
III – refrain from filing claims or alleging defenses that are knowingly groundless;
IV – refrain from producing unnecessary evidence or unnecessary or worthless acts to the declaration or defense of a right.
Section 49. Parties may not, during the arbitration proceeding, use any event recorded during the mediation proceeding to their favor, especially:
I – statements, opinions, suggestions, promises or proposal presented by one party to the other in seeking agreement;
II – acknowledgement of a fact by any party during the mediation proceeding;
III – indication of acceptance of a settlement proposal presented by the mediator; and
IV – document prepared exclusively for the purposes of the mediation proceeding.
Section 50. After the appointment of the Arbitration Tribunal, a draft of the Terms of Reference will be prepared and must contain:
I – name, personal information, address and e-mail of the parties and legal counsel thereof;
II – name, personal information, address and e-mail of the Arbitrators;
III – the matter subject to arbitration;
IV – the actual or estimated disputed amount;
V – the place where the arbitration is to be carried out and the arbitral award is to be issued;
VI – the deadline for issuance of the arbitral award;
VII – the language in which the arbitration proceeding will be conducted;
VIII – the stipulation of the method of payment of Arbitrator’s fees and administration fee, as well as the responsibility for the payment of arbitration expenses;
IX – the criteria for losing fees;
X – the schedule of the arbitration proceeding;
XI – authorization for Arbitrators to judge based on equity, if applicable; and
XII – signature of 2 (two) witnesses.
Paragraph 1. Any amendment to the provisions of these Regulations agreed by the parties will only apply to the case at issue.
Paragraph 2. The effects of the institution of arbitration will be applied retroactively to the date of the Request for Arbitration.
Paragraph 3. Upon request of the parties, the UNCITRAL (United Nations Commission on International Trade Law) Regulations may be applied to cases, under the Table of Costs and Fees attached hereto.
Section 51. The parties and the Arbitration Tribunal must execute the Terms of Reference in a hearing scheduled for this specific purpose, and it is possible to hold such hearing by video or conference call.
Sole Paragraph. In the hearing referred to in this heading, parties will attempt to conciliate, under the terms of section 21(4) of Law No. 9,307/1996.
Section 51. Parties may be represented by counsel vested with the necessary powers to act on behalf of the represented parties in all the acts concerning the arbitration proceeding. CAMES recommends representation by lawyers.
Section 53. In order to file the statement of claim and challenges to the statement of claim, the terms and deadlines set in the terms of reference will be observed; in the event there is no stipulation, the term is set forth as 15 (fifteen) business days.
Sole Paragraph. Parties must indicate in their pleadings the type of evidence to be presented.
Section 54. Respondents will present the reasons for counterclaims, if so, within the period to file the answer.
Section 55. Once the reasons for counterclaims are filed, the claimant will be notified to reply within 15 (fifteen) business days.
Section 56. After the statement of claim is filed, none of the parties may file new claims, amend or revise the existing claims or withdraw any of the claims without the consent from the other party and from the Arbitration Tribunal.
Section 57. Once the period for challenge is finished, except when a different deadline is stipulated in the Terms of Reference, the Arbitration Tribunal will resolve on the production of evidence, including technical or expert evidence, measures outside the arbitration venue and the advancement of the costs thereof by the parties.
Section 58. The technical aspects involved in the arbitration proceeding may be subject to expert analysis or clarifications to be provided by expert witnesses appointed by the parties, who may be summoned to testify during a hearing, as determined by the Arbitration Tribunal.
Section 59. Parties may recuse the expert witness, within 5 (five) business days counted as of the appointment thereof by the Arbitration Tribunal.
Sole Paragraph. The Arbitration Tribunal will decide within 5 (five) business days as to any challenge, and the expert witness may be heard.
Section 60. In the event the Arbitration Tribunal deems it necessary to hold an evidentiary hearing, the Arbitration Tribunal will indicate the date, time an place thereof, regulating the organization and conduction of the work. The hearing may be held by video or conference call.
Section 61. In the event any witness refuses to attend the hearing or attempts to be excused without any legal grounds, the president of the Tribunal may, at the discretion thereof or upon request of any of the parties, request courts to apply relevant measures to conduct the deposition of the missing witness.
Section 62. Local CAMES will proceed, at the request of the Arbitration Tribunal or any of the parties, in addition to the recording of the hearing, the transcript thereof as well as the services of interpreters or translators, whose costs will be advanced by the parties.
Section 63. The absence of a regularly notified party does not prevent the hearing to be held.
Section 64. Any potential nullity of an act conducted in the course of the arbitration proceedings must be alleged in the first opportunity the party has to raise the matter.
Section 65. Once the evidentiary stage of the proceeding is declared to have ended, the Arbitration Tribunal will set the method and term for submission of Closing Statements. In the event of lack of stipulation, the period will be of 10 (ten) business days.
Section 66. The Arbitration Tribunal, upon request of any of the parties or when deeming appropriate, may, by means of a duly grounded decision, grant injunctions.
Section 67. The arbitral award must be issued within 6 (six) months counted as of the signature of the Terms of Reference. The term may be extended by means of a grounded decision from the Arbitration Tribunal.
Section 68. The arbitral award must be grounded and will have the effects set forth in Section 31 of Law No. 9307/1996.
Paragraph 1. The arbitral award must comprise:
I – the report, with names of the parties and summary of the dispute;
II – the grounds for the decision, where factual and legal matters will be analyzed. In the event Arbitrators have decided by equity, this must be expressly indicated;
III – the ruling, where Arbitrators will solve the submitted issues and establish the period to comply with the decision, if that is the case; and
IV – the date and place where the decision was issued.
Paragraph 2. The arbitral award may include the opinion issued by the expert, if such opinion is adopted as reasoning of the decision.
Paragraph 3. Parties and the successors thereof are bound to comply with the arbitral award.
Paragraph 4. If there is more than one Arbitrator, the decision will be adopted by a majority. A dissenting arbitrator may declare a separate vote.
Paragraph 5. The arbitral award will only be delivered to parties after payment of costs and fees in full. One of the parties may advance the payment of costs and fees due by the other, without prejudice to the provisions of paragraph 6 hereof.
Paragraph 6. The arbitral award will define the liability of the non-prevailing party to reimburse the winning party of the costs and fees incurred in the arbitration, except when provided otherwise in the arbitration agreement.
Section 69. After five years counted as of the conclusion of the proceeding, all documents related thereto will be excluded, except for the arbitral award.
Sole Paragraph. The arbitral award and possible dissenting vote, if any, will be filed and may be used internally for statistical purposes and precedent study, assuring the secrecy and confidentiality.
Section 70. The Arbitration Tribunal may issue partial awards before the final arbitration decision.
Section 71. In the event a partial award is issued, a claim filed to annul the arbitral award does not prevent the arbitration to continue or a final decision to be issued by the Arbitral Award.
Section 72. If, during the arbitral proceeding, parties settle and end the dispute, the Arbitration Tribunal, upon request from the parties, will homologate such agreement by means of an arbitral award.
Section 73. A request for clarification may be filed in relation to the arbitral award, within 5 (five) business days, under section 30 of Law No. 9307/1996.
Paragraph 1. The Arbitration Tribunal will decide on the request for clarification within 15 (fifteen) business days, counted as of the receipt thereof.
Paragraph 3. The Arbitration Tribunal may correct, on their own initiative or upon request of the interested parties, any material inaccuracies presented in the award.
Section 74. In cases estimated up to BRL 200,000 (two thousand reais), the arbitration proceeding must be concluded within three months counted as of the signature of the Terms of Reference. This period may be extended by means of a grounded decision of the Arbitrator.
Paragraph 1. The adoption of summary arbitration is optional in disputes amounted above the sum mentioned in the heading, and all parties to the dispute must consent to such adoption.
Paragraph 2. In the summary arbitration the proceeding will necessarily be conducted by a Sole Arbitrator, to be appointed under the terms of Section 27.
Section 75. The period to present the statement of claim and respective answer in the summary proceeding is 5 (five) business days. It is not possible to file any counterclaim.
Section 76. In the hypothesis of the Chapter hereof, all the evidence must be previously prepared and presented in the first moment for parties to present a statement, including opinions prepared by expert assistants and possible queries.
Paragraph 1. In the event the Arbitrator considers the opinions mentioned in the heading hereof, the Arbitrator may request clarifications directly to the expert assistants or determine the presentation of expert evidence, to be prepared by an expert appointed by the Arbitrator, and the cost thereof will be shared by the parties.
Paragraph 2. The Arbitrator will forward the parties a copy of the expert opinion for parties to present their closing statement within 5 (five) business days, and this period will be granted simultaneously to the parties.
Section 77. The Arbitrator may order the parties to complement the documents, setting a maximum period of 10 (ten) business days.
Section 78. The production of oral evidence will be carried out only when deemed essential by the Arbitrator.
Sole Paragraph. Once the Arbitrator determines a hearing to be scheduled, each party may appoint the maximum of 4 (four) witnesses.
Section 79. The closing statements will be presented orally in the hearing or in writing within 2 (two) business days after the end of the evidentiary stage is declared.
Section 80. The payment of costs of the arbitration proceeding will be made under the provisions of the Table of Arbitration Costs and Fees, attached hereto.
Section 81. Arbitration proceedings must be conducted under absolute secrecy, and Arbitrators, parties and other participants to the lawsuit are precluded from disclosing any information to which they had access as a result of the participation in the proceeding, except when expressly authorized by all the parties or in the event of a court order.
Section 82. CAMES may publish a summary of the issued arbitral awards, which will not contain any identification of the parties, except when otherwise expressly manifested by them.
Section 83. In the event of an arbitral proceeding that involves an entity of direct or indirect public administration, CAMES is authorized by the parties and Arbitrators to disclose the existence of an arbitration proceeding, the names of the parties involved, the disputed amount and the full content of the arbitral award, except when otherwise expressly manifested by any of the parties.
Paragraph 1. In any case, CAMES is authorized by parties and Arbitrators to disclose the full content of the arbitral award to controlling entities when requested to do so.
Paragraph 2. CAMES will not provide any documents and information concerning the proceeding upon request of third parties who are not a party to the case, and parties will be in charge of disclosing additional information in compliance with the legislation.
Section 84. In the event the arbitration costs are paid by a third party, the party must express so in the first opportunity the party has to make a statement in the case, informing the existence of financing and who is the financier, regardless of it being an individual or legal entity.
Section 85. In the event parties do not reach an agreement, the seat and language of arbitration will be determined by the Arbitration Tribunal.
Section 86. Imprecise cases will be resolved by the Arbitration Tribunal. In the event there is no agreement, the vote of the President of the Arbitration Tribunal will prevail.
Sole Paragraph. The Arbitration Tribunal may submit a query as to the interpretation of the provisions of these Regulations to CAMES Executive Board.
Section 87. The provisions of Law No. 9,307 issued 23 September 1996 and Law No. 11,419 issued 19 December 2006 are subsidiarily applied to these regulations.
Section 88. These regulations come into force on 09 November 2017.
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Brasília/DF – 70070-120
Atendimento ao público:
Tel.: (61) 3044-1661
Edifício Nasa Business
Avenida 136, nº 761
11º andar, Setor Marista
Goiânia/GO – 74093-250
Tel.: (62) 3998-3232
Av. Afonso Pena, 3355
11° andar – Bairro Serra
Tel.: (31) 3254-9997
Rua México 31 D
Sala 1504 – Centro
Rio de Janeiro/RJ – 20031-904
Tel.: (21) 3923-5330