Originally from:
Arbitration Law of Brazil: Practice and Procedure - Second Edition - Hardcover Edition
Arbitration Law of Brazil: Practice and Procedure - Second Edition - PDF eBook
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COMPARISON OF THE MAJOR BRAZILIAN
ARBITRATION CHAMBERS
Joaquim de Paiva Muniz, Luis Alberto Salton Peretti,
João Marçal Martins da Silva and Giovanny Ferreira Russo
LOCAL ARBITRATION INSTITUTIONS
The reenactment of the Brazilian Arbitration Act in 1996 paved the
way for the development of arbitration law and institutions. Centers
sprouted in such a way that a 2011 survey registered over a hundred
legitimate arbitration centers across the country. Even if users are still
advised to exercise caution before resorting to unknown local
institutions, there are many reliable and a few world-class arbitration
centers in Brazil.
This article showcases the Brazilian institutions that are capable of
acting internationally, which should by no means be interpreted as
derogation of the services of other relevant local arbitration institutions
active in the domestic scene. This section report on the activities of
centers located in the States of São Paulo , Rio de Janeiro , Minas
Gerais and also some other noticeable arbitration centers located across
the country.
São Paulo
AMCHAM
The Center for Arbitration and Mediation of the American Chamber
of Commerce for Brazil (Amcham)1 was founded in 2000, and renewed
its mediation and arbitration rules in 2014. It currently manages more
than 80 arbitration proceedings and has a wide infrastructure, including
rooms for hearings and for meetings in São Paulo and more 14 others
important cities across the country. The Advisory Board of Arbitration
and Mediation Center of Amcham gather the most prominent
practitioners of arbitration and law firms of the country.
CAM/CCBC
The Center for Arbitration and Mediation of the Chamber of
Commerce Brazil-Canada (CAM/CCBC)2 started its activities in 1973,
before the enactment of the Brazilian Arbitration Act, which makes it the
most experienced arbitration center in Brazil. It is the largest in Brazil
among the most renowned centers and has significantly grown over the
last years. Its arbitration rules were revamped in 2012, following
international standards and predominant practices. CAM/CCBC entered
into several exchange agreements weaving a web of cooperation with
centers located in several European, Latin American as well as Asian
countries. Its arbitration roster lists prominent local and international
practitioners, hearing premises are slick and up to date and the secretariat
is responsive and capable of managing disputes seated across Brazil and
elsewhere with a level of efficiency that earned it the ISO 9001
certification. As an accolade for its rising international importance, the
Arbitration Rules of the CAM/CCBC will be adopted during the 23rd
edition of the Willem C. Vis International Commercial Arbitration Moot,
due to take place in 2015-2016.
CIESP/FIESP
The Chamber of Conciliation, Mediation and Arbitration of São
Paulo3 is the second largest Brazilian center and was established in 1995
under the patronage of two industries' unions comprising a large stake of
Brazilian GDP: the Center of Industries of the State of São Paulo
(CIESP) and the Federation of Industries of the State of São Paulo
(FIESP). It is steered by two retired Chief Justices of the Brazilian
Supreme Court - Sydney Sanches (off-counsel of Trench, Rossi and
Watanabe Advogados, associated with Baker & McKenzie) and Ellen
Gracie Northfleet, who bring substantial prestige to this arbitration
institution, and ensure independence and prudence in the handling of
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.
