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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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CAM/CCBC REGULATION 2012
CHAPTER I – THE CAM/CCBC
ARTICLE 1 - SCOPE OF APPLICATION OF THE RULES
1.1. These Rules are binding on parties who have decided to submit a
dispute to the Center for Arbitration and Mediation of the Chamber of
Commerce Brazil-Canada, which is abbreviated as CAM/CCBC.
1.2. Any variation to these Rules that may have been agreed to by the
parties in their respective proceedings will apply only to the specific case
and so long as it does not affect any provision regarding the administrative
organization of the CAM/CCBC nor the conduct of its duties.
ARTICLE 2 - NAME, HEAD OFFICE, PURPOSE AND
COMPOSITION OF THE CAM/CCBC
2.1. The CAM/CCBC will operate under this name and have its head
office in the city of São Paulo, state of São Paulo, without prejudice to
the possibility that it administrates proceedings that take place at any
other location in Brazil or abroad, as provided in article 9.1 of these
Rules.
2.2. By performing the acts and services provided for in these Rules, the
CAM/CCBC’s purpose is to administer arbitration, mediation and other
dispute resolution proceedings that are submitted to it by the interested
parties, regardless of whether or not they are members of the Chamber of
Commerce Brazil-Canada, hereinafter referred to simply as the Chamber,
and regardless of their nationality, domicile or origin.
2.3. The CAM/CCBC can become a member of associations or bodies
that represent arbitration or mediation institutions, or associate with other
counterpart institutions in Brazil and abroad, and maintain exchange
agreements with them.
2.4. The CAM/CCBC governing bodies are:
(a) The Executive Committee, consisting of one (1) President, five
(5) Vice Presidents and one (1) General Secretary, who are
responsible for its administration, in keeping with the specific
duties established in these Rules.
(b) The Advisory Committee, consisting of the former Presidents of
the CAM/CCBC, as permanent members, and of at least five (5)
representatives of the List of Arbitrators, chosen by the
permanent members, with a term in office of two (2) years, with
reelection being allowed.
2.5. The President of the CAM/CCBC will be elected by the General
Meeting of the Chamber to a term in office of two (2) years, with
reelection allowed, and the other members of the Executive Committee
will be appointed by the President.
2.6. The duties of the President of the CAM/CCBC are to:
(a) Represent the CAM/CCBC;
(b) Convene and chair the meetings of the Executive Committee and
convene the meetings of the Advisory Committee;
(c) Issue Administrative Resolutions;
(d) Approve Rules and norms related to other methods of alternative
dispute resolution;
(e) Apply these Rules and have them applied;
(f) Issue complementary rules to resolve doubts and provide
guidance for the application of these Rules, including in cases of
gaps;
(g) Appoint arbitrators in ad hoc arbitrations, upon request from
interested parties;
(h) Appoint arbitrators in the cases provided for in these Rules;
(i) Decide on the extension of time periods that do not fall within
the authority of the Arbitral Tribunal, as well as those in
reference to the appointment of arbitrators and mediators;
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.
