Originally from:
Arbitration Law of Brazil: Practice and Procedure - Second Edition - Hardcover Edition
Arbitration Law of Brazil: Practice and Procedure - Second Edition - PDF eBook
Preview Page
CENTRO BRASILEIRO DE MEDIAÇÃO E ARBITRAGEM
ARBITRATION RULES
The Brazilian Center of Mediation and Arbitration (hereinafter
referred to as “the Center” or “CBMA”) was established on December 20,
2001 as a nonprofit organization, with the aim of promoting means of
alternative dispute resolution, in particular, mediation and arbitration. The
CBMA is associated with the Rio de Janeiro Trade Association – ACRJ,
the Rio de Janeiro Confederation of Industry (FIRJAN) and FENASEG –
the National Confederation of Insurers.
The Center hereby adopts the following Arbitration Rules (“the
Rules”).
PREAMBLE
Any issue pertaining to rights over property (other than rights which
the law deems to be inalienable) is capable of being the object of
arbitration. Parties who elect to have their disputes resolved according to
the rules of the Center will be under a duty to accept and comply with
these Arbitration Rules as well as the Center’s Rules as to Costs.
Furthermore, said Parties are deemed to acknowledge that the arbitral
award proffered will be definitive and non-appealable.
ACRJ and FENASEG recommend that those who wish to submit
their disputes to arbitration administered by the Center insert an
arbitration clause into their contracts based on the model arbitration
clause set out in Annex 1.
1 – Preliminary Provisions
1.1 – Parties who agree to submit disputes for arbitration under the
auspices of the Center are to accept and adopt the present Rules and the
Rules of Center as to Costs in force on the date of filing of the request for
arbitration.
1.2 – When the arbitration agreement refers to these Rules it is to be
presumed that the Parties will, in the resolution of the dispute, make use
of the services provided by the Center.
1.3 – The Center provides administrative and support services to facilitate
compliance with these Rules and co-related acts. The Center will not
resolve the dispute. The resolution of disputes is the remit of a sole
arbitrator or an Arbitral Tribunal (hereinafter referred to, interchangeably,
as ‘Tribunal’; ‘Arbitrator’; or ‘Arbitrators’).
1.3(a) – “Neither the arbitrators, nor the Center and its employees, shall
be liable to any person for any act or omission in connection with the
arbitration”
1.4 – The Arbitral Tribunal will decide on any dispute as to the
interpretation and application of the Rules, giving preference, in its
decision, to the current or established practices of the Center. When there
are several Arbitrators, the decision will be that of the majority. In the
absence of a majority ruling, the vote of the Chairman of the Arbitral
Tribunal shall prevail.
2 – Communications and Time limits.
2.1 – Sufficient copies of all documents, written petitions, reports and
communications must be filed, corresponding to the number of Parties
and the number of Arbitrators, with a further copy to be provided to the
Secretariat of the Center
2.2 – All communications which the Tribunal and Secretariat of the
Center send to the Parties are to be sent by recorded delivery to the
address provided to the Center by the interested Party. Service may also
be effected by any other means capable of proving delivery of the
communication, such as e-mail, facsimile transmission or telegram.
2.3 – The time periods set forth in these Rules shall begin to run on the
business day following the day of receipt of the communication (and any
attached document). The last day of the time period is included for the
purposes of computation of said period.
2.4 – If the last day of the time period falls on an official national or local
holiday at the seat of arbitration or at the Center or at the place of any 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.
