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Arbitration Law of Brazil: Practice and Procedure - Second Edition - Hardcover Edition
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CIESP/FIESP ARBITRATION RULES
1. SUBMISSION TO THE PRESENT RULES
1.1 – Parties wishing to submit, upon execution of an arbitral agreement,
any disputes to the Chamber of Conciliation, Mediation and Arbitration
CIESP/FIESP, hereinafter referred to as Chamber, accept and become
bound by the present Rules and the Chamber’s Internal Regulation.
1.2 – Any change in the provisions hereunder, as agreed between the
parties, shall only be valid for the specific case under scrutiny.
1.3 – The Chamber does not itself resolve disputes submitted to it. It
administers the development of arbitral proceedings by naming and
appointing arbitrator(s), unless otherwise agreed between the parties.
1.4 – These Rules shall apply whenever the arbitration agreement
determines submission to the arbitration rules set out by the Chamber of
Conciliation, Mediation and Arbitration of São Paulo – CIESP/FIESP,
the FIESP Chamber of Arbitration, or as it refers to any Chamber of
Arbitration belonging to any of CIESP and FIESP entities.
2. PRELIMINARY ACTIONS
2.1 – The arbitral proceeding shall be incepted upon request by the
interested party, which shall, from the outset, mention the arbitration
agreement providing for the Chamber’s jurisdiction over the matter
submitted to arbitration, the amount of the claim, the name and full
identification of the other party(ies), by attaching a copy of the contract
and other documents relevant to the dispute.
2.2 – The Secretariat of the Chamber shall send a copy of the request to
the other party(ies), inviting them to name an arbitrator within fifteen
(15) days, under the terms of the arbitration agreement, and shall send a
list of the names making up its List of Arbitrators, in addition to a copyof these Rules and the Code of Ethics. The opposing party(ies) shall have
an equal time limit to name an arbitrator.
2.3 – The Secretariat of the Chamber shall inform the parties about the
nomination of an arbitrator by the opposing party and shall request
submission of such arbitrator’s curriculum vitae, except if he belongs to
the List of Arbitrators.
2.4 – The chairman of the Arbitral Tribunal shall be elected by mutual
agreement of the arbitrators named by the parties, preferably from among
the members included in the Chamber’s List of Arbitrators. The names
shall be subject to the approval of the President of the Chamber. The
approved arbitrators shall be asked to express their acceptance and sign
the Statement of Independence, whereupon the arbitral proceeding are
deemed to have commenced. The Secretariat, within ten (10) days from
receipt of the arbitrators’ approval, shall notify the parties for preparation
of the Terms of Reference.
2.5 – Should either party fail to name an arbitrator within the time limit
stipulated under item 2.2, the President of the Chamber shall do it. The
President of the Chamber shall also appoint, preferably from among the
members included in the Chamber’s List of Arbitrators, the arbitrator
who shall exercise the function of Chairman of the Arbitral Tribunal, in
the absence of such appointment.
2.6 – The Arbitral Tribunal shall be made up of three (3) arbitrators, and
the parties may agree that the dispute be settled by a sole arbitrator,
appointed by them, within fifteen (15) days. If no appointment is made
within said time period, the arbitrator shall be named by the President of
the Chamber, preferably from among the members included in the
Chamber’s List of Arbitrators.
2.7 – An arbitration incepted with a sole arbitrator shall follow the same
procedure described in these Rules for arbitrations with three arbitrators
(Arbitral Tribunal).
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.
