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Arbitration Law of Brazil: Practice and Procedure - Second Edition - Hardcover Edition
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ARBITRATION RULES OF CÂMARA DE ARBITRAGEM
EMPRESARIAL – BRASIL (CAMARB)
I. INTRODUCTION
1.1 The purpose of CAMARB – BUSINESS ARBITRATION
CHAMBER – BRAZIL, hereinafter “CAMARB”, is the management of
arbitral proceedings and other alternative dispute resolution methods. Its
institutional work does not involve any jurisdictional decisions, which
are solely under the power of the arbitrator(s) appointed under these
Rules.
1.2 The Arbitration Rules of CAMARB, hereinafter the “Rules”, shall
apply every time the arbitration agreement stipulates the adoption of the
arbitration rules of CAMARB or of the Arbitration Chamber of Minas
Gerais, which is the former name of CAMARB.
1.3 Except as otherwise provided, the applicable Rules are those in force
on the date of the Request for Arbitration.
1.4 For the purposes of these Rules: (i) the term Arbitral Tribunal shall
be applied to indicate both one arbitrator or multiple arbitrators; (ii) the
terms claimant and respondent apply both to one or more claimants or
respondents.
II. NOTICES, STATEMENTS, AND TIME PERIODS
2.1 All pleadings and documents submitted by the parties shall be
delivered to the Secretary General of CAMARB in a number of copies
sufficient to be forwarded to the arbitrators and to the other parties, being
the original documents kept in the records of the arbitral proceeding.
2.2 The Secretary General of CAMARB shall send to the parties, by
serving notice, the communications issued by it, the copies of the parties’
statements and the decisions rendered by the Arbitral Tribunal.
2.3 The time limits fixed by the Rules and by the Arbitral Tribunal shall
begin to run on the business day following the date the Secretary
General’s notice is delivered. The time limits are continuous and shall
not be suspended on the days on which CAMARB does not open. If
CAMARB does not open on the day the time period ends, the time limits
shall be extended until the first subsequent business day.
2.4 All notices shall be deemed to have been made if they are delivered
at the address indicated in the Terms of Arbitration or at the last address
provided by the respective party. If the Terms of Arbitration is not
signed, the party shall be deemed notified by delivery of the
communication of the Secretary General of CAMARB at the address
where the first notice was delivered.
2.5 The parties, with the consent of the Arbitral Tribunal, may modify
the terms fixed by these Rules.
III. REQUEST FOR ARBITRATION
3.1 The party intending to resolve a dispute related to arbitrable rights,
under the management of CAMARB, shall inform its intention to the
Secretary General, informing:
(i) name, address, and complete description of the parties involved
and of their respective attorneys, if any;
(ii) complete copy of the document containing the arbitration
agreement;
(iii) brief summary of the object of the dispute;
(iv) estimated amount in dispute.
3.2 Upon requesting the commencement of the arbitral proceeding, the
claimant shall deposit the nonrefundable amount of the Registration Fee,
which covers the initial expenses until the execution of the Terms of
Arbitration.
3.3 If the requirements from Articles 2.1, 3.1, and 3.2 are not met, the
Secretary General shall fix a term for their fulfillment. In the event the
requirements are not met within the period established, the arbitration
shall be dismissed, with no prejudice to submit a new request.
JOAQUIM T. DE PAIVA MUNIZ is a principal of Trench, Rossi & Watanabe Advogados firm associated with Baker & McKenzie International, a Swiss verein. Admitted to practice in Brazil and in the State of New York, he has a LL.M. from the University of Chicago Law School. He is the coordinator of the post-graduation course on arbitration at ESA/OAB-RJ (Superior School of Law of the Brazilian Bar Association -- Rio de Janeiro Chapter), Chairman of the Arbitration Commission of the Brazilian Bar, Rio de Janeiro Chapter (OAB/RJ), and Director of the Brazilian Arbitration and Mediation Chamber (CBMA). He is also the author of several books and articles on international arbitration and Brazilian corporate law.
ANA TEREZA PALHARES BASÍLIO is a principal of Basílio Advogados in Rio de Janeiro. She is admitted to practice in Brazil, a professor of Arbitration in the graduate courses of Fundação Getúlio Vargas (FGV), former president of the Arbitration Commission of the Brazilian Bar, Rio de Janeiro Chapter (OAB/RJ), Vice-President of the Brazilian Arbitration and Mediation Chamber (CBMA), and former judge of the Brazilian election tribunal in Rio de Janeiro (TRE-RJ). She is also the author of several articles on international arbitration and Brazilian civil law.
