Arbitration

 

It is a form of conflict resolution, where an arbitrator, neutrally and impartially, managed by CAMACAN LATAM, decides on a dispute, in which its force of law is assimilated to a judicial sentence, and no appeal is allowed. Thus, arbitration arises to solve a problem, resembling a judicial process, where the conflict issue is managed by a specialized institution.

 

Arbitration is regulated by Brazilian Law No. 9.307/1996 and in accordance with Article 18 of the said law, "the arbitrator is a judge of fact and of law, and the sentence he delivers is not subject to appeal or ratification by the Judiciary". 

 

Arbitration can be contracted after the conflict arises if all parties involved agree. An arbitration clause may also be inserted, providing that disputes arising in the execution of the contract are resolved through arbitration. The mere insertion of an arbitration clause in the agreements does not generate any financial burden for the parties.

 

Remote Hearings 

 

In view of the sanitary seriousness caused by the COVID-19 pandemic or the distant location between the parties, national or international, CAMACAN LATAM will be able to conduct 100% remotely all procedures under its administration, maintaining the usual excellence and efficiency of its services. .

 

In accordance with the CAMACAN LATAM Arbitration Regulation, they submit to virtual arbitration meetings and hearings, to recommendations, guidelines and duties in accordance with CHAPTER XIII.

 

 

CHAPTER XIII - REMOTE MEETINGS AND HEARINGS

 

Art. 46 If it is feasible and convenient to hold meetings and hearings by video or teleconference, the participants, arbitrator or arbitral tribunal must comply with Chapter XII of this regulation. The following preliminary technical questions are established:

 

  1. The participants in remote meetings and hearings must have a minimum technical apparatus that allows the work to be carried out without complications and in a satisfactory manner, as a guarantee of the exercise of the rights of defense, contradiction and equal treatment of the parties.

 

  1. To conduct Remote Hearings, CAMACAN LATAM provides the use of third-party platforms, subject to their respective terms and conditions, which must be previously analyzed and agreed by the participants.

 

III. The CAMACAN LATAM Secretariat will act, unless otherwise determined, as an organizer (host) for the purposes of: scheduling, sending access links, managing permissions to enter the platform (waiting rooms) and eventual exclusion of Participants, contact with stenotypists and interpreters, if any, as well as communication with the IT technician.

 

Art. 47 On planning for remote meetings and hearings:

 

  1. The arbitral tribunal, when the need for a meeting or hearing is verified, will consult the parties and decide on the holding of the Remote Hearing.

 

  1. Once remote meetings and hearings are determined, the Secretariat will consult the arbitral tribunal on the virtual platform it intends to use, providing information and technical support to support such a decision.

 

III. Once the virtual platform has been chosen, the Secretariat will ask the patrons of the parties to inform the full names of the Participants and the electronic addresses that should receive the access link, so that the invitations (invites) for the test prior to the date are sent to the audience.

 

  1. After testing, the Secretariat will send an invitation to any remote meetings and remote hearings to all participants.

 

  1. The CAMACAN LATAM Secretariat will consult the arbitral tribunal on the need to contract stenotype and translation services, as appropriate.

 

  1. It is the responsibility of the patrons of the parties to inform the CAMACAN LATAM Secretariat of the e-mail addresses of factual, technical, legal representatives or other Participants, in order to provide them with information regarding the hearing. It is also the responsibility of the patrons to inform the CAMACAN LATAM Secretariat and the arbitral tribunal in advance about other participants and any third parties who will be physically in the same location as another participant.

 

VII. The Secretariat will forward to the arbitral tribunal the list of persons who will participate in the meetings and remote hearings, duly accompanied by the electronic addresses (“List of Participants”).

 

VIII. The electronic records of the procedure will be available for consultation by the arbitrators and lawyers of the parties.

 

  1. The documents to be used in the course of meetings and remote hearings must be presented by the parties' lawyers in a digital core bundle, and must be made available by the CAMACAN LATAM Secretariat in a link for this purpose. In order to give efficiency to the works, the documents must be organized and ordered according to their presentation and identified according to the denomination in the proceedings.

 

Art. 48 It is established that at the time of meetings and remote hearing

 

  1. On the day designated for the meetings and remote audience, all Participants must access the platform at least 30 (thirty) minutes before the scheduled time for the start of the work, for the last test of equipment operation and verification of other issues technical order.

 

  1. At the beginning of the meeting or remote hearing, it is suggested that the arbitral tribunal, in possession of the List of Participants, confirm the presence of everyone.

 

III. If remote meetings or hearings are accessed by anyone who is not on the Participant List, this fact must be immediately reported to the arbitral tribunal. The arbitral tribunal must also be informed if any person who is not on the Participant List is in the same physical environment as any of the Participants.

 

  1. At any time during the course of the meeting or remote hearing, the arbitral tribunal, ex officio or at the request of the parties' patrons, may request Participants to display the physical environment in which they find themselves (360º rotation) in order to verify and confirm the people present at the site.

 

  1. Unless determined by the arbitral tribunal, the CAMACAN LATAM Secretariat will be the only one authorized and responsible for recording the meeting or remote hearing, which will be carried out by means of a resource made available on the platform itself and, eventually, by conventional recorder as a copy. security (backup).

 

  1. Slide shows and/or case documents to be viewed in the course of the meeting or remote audience, must be displayed by the interested party through the screen sharing feature available on the platform.

 

VII. For a better use of the works, so that there is clarity in the presentations and testimonies, as well as to facilitate the execution of the transcription service, an interlocutor must wait for the speech of his predecessor to finish.

 

VIII. It is recommended that the hearing of witnesses and / or other Participants be established before the Remote Hearing is held. If the order of hearing has not been previously determined, the patrons of the parties must inform the arbitral tribunal which witness they intend to call, with the CAMACAN LATAM Secretariat, as the event organizer (host), responsible for giving the witness access to the meeting room. Remote Hearing. Likewise, the CAMACAN LATAM Secretariat will monitor the witness's departure from the Remote Hearing room, at the end of his hearing.

 

  1. If, in the course of the remote hearing, the arbitral tribunal or the patrons of the parties need an exclusive room for the purpose of deliberation or meeting, the CAMACAN LATAM Secretariat will provide access to the referred rooms, sending the respective links to those who must access them .

 

  1. If there is any type of technical or other complication, the arbitral tribunal may suspend the meeting or remote hearing, determining its resumption on the same day or on a new date.

 

CHAPTER I - GENERAL PROVISIONS

 

Art. 1 Câmara de Mediação e Arbitragem da Cannabis e Saúde Latino-Americana, registered with CNPJ under nº. 40.176.055 / 0001-71, headquartered in Rio de Janeiro / RJ, established for the purpose of administering, nationally and internationally, the resolution of disputes related to mediation and arbitration and other appropriate means of handling conflicts, as well as managing procedures , in all types of controversies involving health rights, in accordance with Brazilian governing legislation and international treaties, without prejudice to other alternative forms that may be indicated to resolve the dispute.

 

  • CAMACAN LATAM does not resolve the disputes submitted to itself, but manages the arbitration procedure, providing the structure, environments and functional conditions necessary for its good development, in the form of this Regulation.

 

  • CAMACAN LATAM will not interfere or influence, under any circumstances, the decision to be issued by the Emergency Arbitrator, by the Arbitrator or by the Arbitral Tribunal, always maintaining the independence, impartiality, and freedom of conviction of the experts appointed, chosen or accepted by the parties to deliberate on the dispute.

 

Art. 2 The parties that resolve, by means of an arbitration agreement, to submit any dispute arising to CAMACAN LATAM, are bound by the present Regulation, recognizing by plane the original and exclusive competence of CAMACAN LATAM in its final solution, and the preparatory competence for the issues emergency or precautionary measures before the Arbitration is instituted, in the form of the current legislation and these Regulations.

 

  • The term “Arbitral Tribunal”, for the terminological purposes of this Regulation, applies indifferently to the Single Arbitrator or the Arbitral Tribunal.

 

  • The omitted cases will be resolved by the Arbitral Tribunal related to the procedure, if already constituted, or by the Technical Director of CAMACAN LATAM.

 

  • The Arbitration Regulation will apply whenever the arbitration clause stipulates CAMACAN LATAM or, even when it is chosen by agreement between the parties, the adoption of these rules must be in a written document.

 

  • All the procedural documents and documents presented by the parties must be delivered to CAMACAN LATAM, in a physical copy, so that they can be filed in the arbitral proceedings, and a digital copy in pdf format.

 

Art. 3 The parties, by consensus, may change the rules of the Arbitration procedure provided for in this Regulation, provided that it does not imply a change in the provisions relating to the administrative conduct of the work of CAMACAN LATAM, nor contrary to the legal principles governing the arbitration. Any change does not imply a change in the Regulation and will only apply to the specific case.

 

Art. 4 The Arbitration will be based in the city of Rio de Janeiro / RJ, where the headquarters of CAMACAN LATAM is located, without prejudice to the possibility of this institution managing procedures based in any location in Brazil or abroad.

 

§1º Virtual hearings may be administered in the event of exceptional events such as epidemics or pandemics, as well as when the parties are located outside the State that hosts CAMACAN LATAM, nationally or internationally.

 

CHAPTER II - INSTITUTION OF ARBITRAL PROCEDURE

 

Art. 5 The party that wishes to initiate the Arbitration procedure, must request in writing the Institution of Arbitration Procedure, addressed to CAMACAN LATAM, in a sufficient number of copies so that all parties, arbitrators and CAMACAN LATAM receive a copy, under the terms of art. 2nd §4th.

 

Single paragraph. The Arbitration Institution petition must present:

 

I - request for the dispute to be submitted to Arbitration;

 

II - the initial request of the Arbitral Demand with the description of the facts, the technical and legal grounds, and the requests that it intends to be considered in the Arbitration, in addition to attaching documents and listing the evidence that it intends to produce;

 

III - the value that I attributed to the controversy;

 

IV - the names and full qualifications of the parties involved in the arbitration, with respective full addresses, including phones and emails, if known;

 

V - the headquarters of the Arbitration defined in the Arbitration Convention;

 

VI - the language, the law or the rules provided for in the contract and applicable to the respective Arbitration;

 

VII - the rules that have already been agreed by the parties on the choice of arbitrators, responsibility for payment of expenses related to the procedure and others related to the arbitration procedure;

 

VIII - document containing the arbitration agreement, providing for CAMACAN LATAM;

 

IX - identification document of the applicant or its constitutive acts and respective document that proves its representation;

 

X - the power of attorney for any patrons with specific powers;

 

XI - other documents pertinent to the dispute.

 

XII - proof of payment of the Registration Fee;

 

XIII - except if the arbitration agreement provides otherwise, express whether or not you accept that the Arbitration is made by a Single Arbitrator;

 

XIV - unless the arbitration agreement provides otherwise, submit a list containing the name of up to 03 (three) Referees, of the names on the list of arbitrators to be consulted at CAMACAN LATAM.

 

Art. 6 Received the Request for an Arbitration Institution and verified the existence and validity of the Commitment Clause indicating CAMACAN LATAM as the manager of the procedure, it will send Notification to the defendants with a copy of the Initial Petition of the Arbitration Demand, its attachments, as well as a copy of this Regulation, for a period of up to 10 (ten) days, to express, through a Challenge, on the applicant's intention, warning them about the need to:

 

I - expressly declare if it accepts that the Arbitration is made by a Single Arbitrator;

 

II - unless the arbitration agreement provides otherwise, choose the titular arbitrator and his alternate from the triple list submitted by the applicant. If you do not agree with any name, submit a list with three other names of arbitrators, giving back to the applicant the right to choose the principal arbitrator and his alternate among the names on the new list, as provided for in § 1 of art. 13.

 

Art. 7. For the purposes of the present Regulation, notifications, communications or subpoenas of procedural acts shall be deemed to have been received from the parties and their attorneys, at the addresses indicated in the Convention or in the initial statements. These will be received by registered letter, electronic mail or any other means agreed by the parties.

 

Art. 8 If the defendant is not found, the applicant must provide the new address to CAMACAN LATAM or promote the defendant's extrajudicial notification regarding the arbitral proceedings.

 

Art. 9 Observing the limits established in the Arbitration Convention or in the Arbitration Term, as well as observing a new opportunity for Contradictory, the parties may add or complement their initial allegations, their request, their challenge or their counterclaim, provided that within the scope of the arbitration agreement, unless the constituted arbitral tribunal considers such an addition or supplementation inappropriate, due to the delay with which it is formulated, the damage that the other party may cause or any other relevant circumstance.

 

CHAPTER III - REPLY

 

Art. 10 The defendant, called Defendant, will have up to 10 (ten) days to respond in response to the NOTIFICATION received, appoint an arbitrator under the terms of art. 13, and submit your CONTEST, which should mention:

 

I - the explanation of the factual and legal reasons;

 

II - the proposed solution or the requested repair;

 

III - the amount claimed on which the claimant is based;

 

IV - regarding the place of arbitration, language, number of arbitrators and their qualifications;

 

V - the material law or rule of law that will be adopted for the judgment;

 

VI - the documents it deems relevant, attaching them, and the indication of the evidence it intends to produce.

 

  • In his CONTEST, the defendant may formulate a RECONVENTION, provided that it is based on the same contract, or enforce a right based on the same contract, for the purposes of compensation, in this case assigning value of the case to the RECONVENTION.

 

  • . Unless otherwise provided by the parties, the language of the arbitration shall be Portuguese, except if the arbitration agreement is written exclusively in a single language other than Portuguese, in which case the language of the agreement will be adopted, with the exception of the faculty of the arbitral tribunal to determine otherwise, based on the parties' allegations or the circumstances of the arbitration.

 

 

Art. 11 The contestation is offered in due time, and a period of 10 (ten) days will be open to the Complainant, if he wishes, to submit a reply, and he will be allowed to present documents to counter the facts deduced in the contestation. Within the same period, if applicable, the Plaintiff must already present a challenge to the counterclaim, observing the provisions of article 10.

 

CHAPTER IV - DEADLINES

 

Art. 12 The deadlines for notifications, communications and subpoenas will count as follows:

 

I - The terms will be counted in business days, excluding the day of receipt of the notification and including the day of expiration.

 

II - The absence of a timely allegation of an irregularity in the term will affect the validity of the act performed by the opposing party, without prejudice to the assessment of the official letter by the Arbitrator or Arbitral Tribunal.

 

III - The beginning of the deadlines is counted from the confirmation of your knowledge, presumed in the cases of e-mail issuance, 3 (three) days after the date of the proof of sending issued by the issuing medium.

 

IV - In the absence of a period stipulated by this regulation or fixed by the Arbitral Tribunal, the period of 10 working days will be considered.

 

V - Exceptionally, the Arbitral Tribunal or the Technical Directorate of the entity, in case the Court has not yet been constituted, may extend any term established in this article if it considers such extension to be justified.

 

CHAPTER V - ARBITRATOR

 

Art. 13 The choice of the sole arbitrator and his alternate will be made jointly by the Claimant and the Respondent, as follows: the Claimant, in the initial petition, will choose three names, from the names of the list of arbitrators of CAMACAN LATAM or any other name not registered in this Chamber, attaching, in this case, the curriculum of the indicated professional and declaration of inexistence of any bond or relationship of any kind that would impair independence, impartiality and freedom of persuasion, observing the provisions of § 3 of this article.

 

  • If the Defendant agrees with the names chosen by the Claimant, she must express her agreement in the Contest, choosing the titular arbitrator and his alternate, from the names indicated in the initial. Otherwise, it will present a new triple list, giving the Claimant the right to choose the incumbent arbitrator and his alternate, among the names chosen by the Defendant. The Claimant will be summoned to make the choice within 05 (five) business days.

 

  • In the event that there is no agreement between the parties in the choice of the arbitrator and his alternate, the Technical Director of CAMACAN LATAM will proceed with the choice, disregarding the six names on the lists formed by both parties.

 

  • In the event of nomination of an Arbitrator not included in the list of CAMACAN LATAM, this choice will be subject to the admission analysis by the Technical Directorate and the payment of the excess of the administration fee.

 

Art. 14 In the event of a plurality of claimants and / or defendants (arbitration of multiple parties), each pole will present a single triple list for the choice of the titular arbitrator and his alternate regardless of the number of people that each party may contain, observing the provisions of background items.

 

Single paragraph. If there is no agreement between the multiple claimants or between the multiple claimants, a draw must be made among the names on the institution's list of arbitrators. If only one of the multiple claimants or one of the multiple claimants manifests, the appointment of an arbitrator by him will prevail.

 

Art. 15 In the event of the formation of an Arbitral Tribunal, the parties may appoint the arbitrators by means of a written indication, of their choice, in the initial petition and in the defense.

 

  • The parties may appoint their arbitrators among the professionals who are members of the Specialist Body registered by CAMACAN LATAM. If the parties wish to appoint arbitrators external to the staff of professionals registered by CAMACAN LATAM, they must attach the professional curriculum and a declaration that there is no link or relationship of any kind that affects independence, impartiality and freedom of persuasion, and the provision of the § 3 of art. 13.

 

  • The parties may appoint substitutes to the arbitrators who choose or delegate the choice of their alternates to the arbitrators themselves. The lack of indication or definition of the criterion for choosing the substitute, authorizes, from now on, the appointment by the Technical Director of CAMACAN LATAM.

 

Art. 16 The Arbitral Tribunal will always be constituted in an odd number. When the parties choose to work with three arbitrators, each party will nominate one and CAMACAN LATAM will nominate the third, and the President arbitrator will be chosen by lot, carried out by the arbitrators themselves, in the presence of the parties, during the initial arbitration meeting. .

 

Art. 17 The decisions of CAMACAN LATAM regarding the appointment, confirmation, refusal and replacement of the arbitrator will be final.

 

Art. 18 If the parties do not reach an agreement regarding the number of arbitrators, CAMACAN LATAM's Technical Directorate will appoint a single arbitrator and his substitute, members of the Entity's Specialist Committee, unless CAMACAN LATAM considers it more advisable, given the context of the dispute, that the decision be made by an Arbitral Tribunal. In this case, it will designate the three arbitrators to compose the respective collegiate body, being able to invite experts external to the board if it considers relevant to the case, reasonably, in which case the parties will fully absorb all the expenses and costs involved.

 

Art. 19 The Technical Directorate of CAMACAN LATAM, must adopt all the necessary zeal so that, in the choice of arbitrators, the guarantee of the principle of impartiality and independence is observed, taking into account, whenever possible, in international arbitration, the convenience of appointing people of nationalities other than the parties to the conflict.

 

Art. 20 Once the arbitrators are appointed, the CAMACAN LATAM Secretariat will request them to, within 5 (five) days, manifest themselves for formal acceptance of the charge for all purposes, summoning the parties to prepare the Arbitration Term.

 

Art. 21 The removal of an arbitrator, for any of the reasons listed in Brazilian law 9.307/96, implies the automatic appointment of his substitute, who will assume the position on the same date of the impediment or removal.

 

Single paragraph. The arbitrator may only refuse in the cases provided for in Brazilian Law 9.307/96, in writing and with an indication of the reasons and pointing out the evidence of such allegation.

 

Art. 22 If any of the parties, having entered into an arbitration clause or after agreeing to initiate the arbitration, fails to appoint its arbitrator, or refuses to sign the Arbitration Term within the period stipulated in Art. 29, the Technical Director of CAMACAN LATAM designate, among the names that make up the Entity's Specialist Committee, the arbitrator(s), for the solution of the dispute, proceeding with the procedure.

 

Art. 23 The arbitrators who act in accordance with these rules must adopt the CAMACAN LATAM Code of Ethics for internal arbitrations, or, in international arbitrations, the IBA - International Bar Association Code of Ethics.

 

CHAPTER VI - COMPETENCE, JURISDICTION AND ARBITRABILITY

 

Art. 24 Before accepting the nomination, the appointed arbitrator has the duty to reveal to CAMACAN LATAM any circumstance that may imply reasonable doubts regarding his impartiality and independence.

 

Single paragraph. If, at any stage of the arbitration, new facts arise that may give rise to such doubts, the arbitrator must immediately disclose such circumstances to the parties and to CAMACAN LATAM.

 

Art. 25 The sole arbitrator or the Court has the duty to decide by provocation, or ex officio, on its own competence or jurisdiction.

 

  • The sole arbitrator or the Arbitral Tribunal has the duty to decide by provocation, or of ex officio, on issues related to the existence, scope or validity of the arbitration agreement, which will be independent from the contract or document in which it is inserted;

 

  • The party that intends to argue questions related to the jurisdiction of the Arbitral Tribunal or about the arbitrability of the demand, must do so, at the most, up to 3 (three) days before the meeting, under penalty of prejudice;

 

Art. 26 In case of impediment or suspicion of the arbitrators, they will be summoned by the CAMACAN LATAM Secretariat so that they can manifest themselves, within 5 (five) days. After the arbitrator's statement, the parties will be granted a visa for an equal period;

 

Single paragraph. The Arbitral Tribunal or sole arbitrator may decide such arguments as a preliminary matter. If, after the decision is rendered, the party that argued the impediment or suspicion does not agree, it may request the Technical Directorate of CAMACAN LATAM to decide on the matter, this decision being sovereign and definitive.

 

CHAPTER VII - REPRESENTATION OF THE PARTIES AND MEETINGS

 

Art. 27 Any party may be represented, in arbitration, by qualified attorneys and / or legal representatives, provided that they are provided with valid documents of constitution or power of attorney with special powers for this purpose. The names, addresses and telephone numbers of the representatives must be communicated in writing to the CAMACAN LATAM secretariat.

 

Art. 28 The Arbitral Tribunal may hold meetings, hear witnesses or carry out local inspections or other diligences in any place it deems appropriate, which will be communicated in writing, at least 10 (ten) days in advance, so that the parties, if they wish, can be present and accompany such procedures.

 

 

CHAPTER VIII - INITIAL MEETING AND THE ARBITRATION TERM

 

Art. 29 After the appointment of the arbitrators, the Initial Meeting will be designated to be held within 15 days after the manifestation of acceptance of the chosen arbitrator, notifying the parties, attorneys and the arbitrators to be present. This meeting will resolve any remaining doubts about the conflict; all necessary procedures will be registered and adjusted with the parties for the conduct of the arbitration procedure, writing the Arbitration Term, considering Arbitration to be formally instituted and started, under the terms of the Brazilian Law 9.307/96.

 

  • It will be feasible to hold the Initial Meeting by video or teleconference, under circumstances in which the Technical Directorate of CAMACAN LATAM will examine the feasibility and convenience in accordance with Art 4 of the present regulation.

 

  • A professional will be appointed by the Technical Director of CAMACAN LATAM, who, with the assistance of the arbitrators or the sole arbitrator, is authorized to draw up the Arbitration Term, and then the arbitration procedure will begin.

 

  • The arbitration term will contain:

 

I - The names and qualifications of the parties;

 

II - Constitution and appointment of proxies, representatives and technical assistants;

 

III - Object of the conflict, with its limits and specifications according to the interests of the parties;

 

IV - Degree of confidentiality of the allegations, facts, documents, business interests or publicity of the decisions;

 

V - Convention on the addressing of incident notifications;

 

VI - The value of the demand;

 

VII - The name, profession and domicile of the arbitrator, or of the arbitrators, or if applicable, the identification of the entity to which the parties have delegated the appointment of arbitrators;

 

VIII - The place where the arbitration award will be made;

 

IX - The language in which the procedure will be carried out.

 

  • The parties may attach to the Arbitration Term the documents they consider pertinent or refer to documents and evidence they will present.

 

§5º If the complaining party does not appear on the day designated for the INITIAL MEETING, the procedure will be extinguished, with such party responding to the incident costs. If the defendant does not attend the meeting, the arbitrator and or professional designated by the Technical Directorate, listening to the present party and analyzing the documents presented, will define the elements of the Arbitration Term, which will thus be drawn up, making sure the omission of the omitted party. or recalcitrant, and proceeding with the arbitration proceeding.

 

CHAPTER IX - EMERGENCY ARBITRATOR

 

Art. 30 The parties that have foreseen the adoption of the CAMACAN LATAM Regulation as the Arbitration ruler, unless expressly provided otherwise in the Arbitration Clause, will be subject to Emergency Arbitration, if they are willing to spontaneously comply with the measure eventually determined, for urgent situations that demand the need for an immediate decision even before the Arbitration has started.

 

  • Before arbitrators are chosen or Arbitration instituted, the party interested in the precautionary or urgent measure must submit a Pre-Arbitration Precautionary Measure Request to CAMACAN LATAM, by collecting the specific expenses, fees and fees defined in the CAMACAN Cost Regulation LATAM.

 

  • The Pre-Arbitration Precautionary Measure Request must be instructed as follows:

 

I - with proof of payment of Fees and Fees for Emergency Arbitration;

 

II - demonstrate the existing Arbitration Convention, as well as the provision on the choice of CAMACAN LATAM for its Rules of Procedure;

 

III - make a report of the facts, the demonstration of the legal probability of the claim and the urgency of the intended measure and the risks of its non-implementation, as well as the lack of risk of irreversibility of the intended measure.

 

  • After receiving the Precautionary Measure Request, the Technical Director of CAMACAN LATAM, verified the collection of the Fees and Fees defined in the Regulation of Costs, will immediately designate an Emergency Arbitrator, who in the act of acceptance of the mission must comply with the duty of disclosure provided for in this regulation. In the event of disclosure of any issue that may raise reasonable doubt about its impartiality, neutrality and independence, the Technical Directorate must designate another Emergency Arbitrator.

 

  • After accepting the mission and confirming its designation by the Technical Directorate, when there is any Disclosure presented, the Emergency Arbitrator shall, before deciding, grant an opportunity for the other party to manifest, unless there is no time for this manifestation before the degree of urgency pointed out in the claim, and in this case, make the manifestation possible immediately after, reassessing the need to maintain or revoke the measure, if deferred;

 

  • The Emergency Arbitrator must restrict himself to deliberating exclusively on the intended urgency measure, without advancing in the analysis of other issues;

 

  • The party that has requested the precautionary or urgent measure must, if approved, present the final Arbitration Request within 30 days after the decision made by the Emergency Arbitrator is made effective, as a result of the measure being terminated.

 

  • After the final Arbitration has been effectively instituted, the Arbitrator or Arbitration Court will evaluate the advisability of maintaining the precautionary measure issued by the Emergency Arbitrator, being able to change, revoke or annul the previous decision.

 

CHAPTER X - PROCEDURAL AND JUDGING RULES

 

Art. 31 The rules of procedure and their incidents will be those provided for in the Arbitration Convention, in this regulation and those provided for in Brazilian Law 9.307/96 and amendments brought by Brazilian Law 13.129/2015 and the complementary ones issued by the entity, by the Arbitrator or Arbitral Tribunal .

 

Art. 32 If the parties fail to indicate the material laws or rules of law applicable to the dispute, the constituted Arbitral Tribunal shall apply the laws or rules of law that it deems appropriate.

 

Art. 33 In conducting the process, the arbitrator or Court will adopt the necessary provisions and compatible with the principles of informality and speed.

 

Single paragraph. The arbitrator or Court may dispense with formalities or innovate in procedural rites, provided that the principles of equality, contradiction and ample defense of the parties are ensured.

 

Art. 34 The Court may, at its sole discretion, at any time during the procedure:

 

I - request the presentation, by either party, of a summary of the documents on which the demand or the defense is based;

 

II - determine evidence, dismember procedures, exclude cumulative or irrelevant testimony;

 

III - determine that the parties concentrate on the presentation of issues whose decision may close the case.

 

Art. 35 All manifestations or documents presented by the parties will be provided in a sufficient number of copies to be delivered to the counterpart (s), to the arbitrators, and must be filed with the CAMACAN LATAM secretariat with the original being intended for formation of the process. Failure to comply with this provision may result in the unraveling of the attached document, at the discretion of the arbitrator or Arbitral Tribunal.

 

Single paragraph. Except as otherwise provided by the parties, or by the Arbitral Tribunal, all notifications, communications or written subpoenas may be sent by any means that may be the object of proof, such as those stipulated in art. 7th.

 

Art. 36 If it considers it necessary to hold an instruction hearing, the President of the Arbitral Tribunal shall summon the parties, appointed witnesses and other arbitrators, at least 10 (ten) days in advance, regarding the respective date, place and time.

 

Art. 37 The scheduled hearing will take place even if any of the parties, regularly notified, does not attend it, however the sentence cannot be based, however, on the absence of the party to decide.

 

Art. 38 The president of the Arbitral Tribunal, if circumstances justify it, may determine the suspension or postponement of the hearing. Suspension or postponement will be mandatory if requested by all parties, and a date must be designated for its realization or continuation.

 

Art. 39 In arbitrations involving the interpretation of contracts, the Court will decide in accordance with the terms of this and take into account the laws and uses of trade applicable to it.

 

CHAPTER XI - THE CHARGE OF PROOF PRODUCTION AND FORMING THE REFEREE'S CONVENTION

 

Art. 40 Each party is responsible for proving the facts that support its arguments. However, at any stage of the procedure, the arbitrator or the Arbitral Tribunal is not excluded from the possibility of forming its conviction, of determining the parties to produce evidence that it deems necessary or appropriate.

 

  • The delivery of confidential material will be subject to specific consideration of convenience and opportunity by the arbitrator (s), in compliance with the provisions between the parties.

 

  • If a party, duly summoned to produce evidence or take any other action, fails to do so within the period established by the arbitrator or the Arbitral Tribunal, the preclusion will occur, and a decision may be issued immediately. However, the party may, in a timely manner, prior to the expiration of the period, request the arbitrator or the Arbitral Tribunal, justifiably, to extend the period for producing that evidence or any other measure, demonstrating the impossibility of doing so within the period initially checked.

 

  • At the request of either party, or at its sole discretion, at any stage of the procedure, the arbitrator or the Arbitral Tribunal shall hold MEETINGS for the presentation of oral evidence produced by witnesses, experts, or for final allegations.

 

Art. 41 The arbitrator or the Arbitral Tribunal may appoint one or more experts to perform the analysis and produce a written report with the description of the object to be examined, answer questions prepared by the arbitrator or proposed by the parties and present their conclusions, which will not be binding for the arbitrator or Arbitral Tribunal.

 

  • The parties shall inform the expert what is requested, presenting for the expert's appreciation all the documents requested, as well as the pertinent goods that may be requested from them. Any disagreement between the parties and the expert regarding the pertinence of the information or presentation of assets will be resolved by decision of the arbitrator or the Arbitral Tribunal.

 

  • Once the expert's report has been received, the Arbitral Tribunal will send a copy of it to the parties, who will be offered the opportunity to express their opinion on the Report in writing, as well as request a meeting from the arbitral tribunal to question the expert. The parties are guaranteed the right to examine any document that the expert has referred to in his Report.

 

  • In the meeting to question the expert, the parties are guaranteed the right to be accompanied by technical assistants to provide testimony on the controversial points of the Report. The provisions of article 42 shall apply to this meeting.

 

CHAPTER XII - MEETINGS AND TESTIMONIALS

 

Art. 42 The parties will be notified of the date, time and place of all meetings that may be necessary, at the sole discretion of the arbitrator or the Arbitral Tribunal, 10 (ten) days in advance.

 

  • The need for the presence of interpreters, translators or auctioneers at the meeting must be communicated to the Secretariat, at least 10 (ten) days in advance.

 

  • Documents in a foreign language must be translated by a sworn translator, unless the parties have waived this requirement.

 

  • Whenever necessary, the President will award the task of translators, interpreters and auctioneers, to professionals registered by CAMACAN LATAM, whose work must be completed no later than 03 (three) days before the meeting.

 

Art. 43  Each party shall communicate to the arbitrator or Arbitral Tribunal, within 5 (five) days, counting from the date of receipt of the notification referred to in the caput, of article 42, present the names, addresses and qualifications of the witnesses intend to hear, pointing, justifiably, the evidence that will be produced with the deposition and the language (s) in which such witnesses will present their deposition.

 

  • The responsibility for summoning the witness(s) is exclusive to the party who intends to carry out the testimonial evidence.

 

  • If any witness refuses to appear at the hearing or refusing to testify without a legal reason, the President of the Arbitral Tribunal may, at the request of either party or ex officio, request the judicial authority to take the appropriate measures to take the deposition of the false witness.

 

Art. 44 The meetings will be confidential, unless the parties, by mutual agreement, establish differently. The arbitrator or the Arbitral Tribunal, however, may order any witness to withdraw during the testimony of other witnesses.

 

  • The arbitrator or Arbitral Tribunal may determine the way in which the witnesses will be heard.

 

  • The testimony of witnesses can be carried out by means of a written and signed document, videoconference, or by any other means that uses the advanced technology of data, voice and image communication, provided that data, voice and image can be registered in electronic means of storing information.

 

Art. 45 The arbitrator or the Arbitral Tribunal will freely take into account, according to his conviction, the admissibility, relevance, importance and value of the evidence presented.

 

CHAPTER XIII - REMOTE MEETINGS AND HEARINGS

 

Art. 46 If it is feasible and convenient to hold meetings and hearings by video or teleconference, the participants, arbitrator or arbitral tribunal must comply with Chapter XII of this regulation. The following preliminary technical questions are established:

 

  1. The participants in remote meetings and hearings must have a minimum technical apparatus that allows the work to be carried out without complications and in a satisfactory manner, as a guarantee of the exercise of the rights of defense, contradiction and equal treatment of the parties.

 

  1. To conduct Remote Hearings, CAMACAN LATAM provides the use of third-party platforms, subject to their respective terms and conditions, which must be previously analyzed and agreed by the participants.

 

III. The CAMACAN LATAM Secretariat will act, unless otherwise determined, as an organizer (host) for the purposes of: scheduling, sending access links, managing permissions to enter the platform (waiting rooms) and eventual exclusion of Participants, contact with stenotypists and interpreters, if any, as well as communication with the IT technician.

 

Art. 47 On planning for remote meetings and hearings:

 

  1. The arbitral tribunal, when the need for a meeting or hearing is verified, will consult the parties and decide on the holding of the Remote Hearing.

 

  1. Once remote meetings and hearings are determined, the Secretariat will consult the arbitral tribunal on the virtual platform it intends to use, providing information and technical support to support such a decision.

 

III. Once the virtual platform has been chosen, the Secretariat will ask the patrons of the parties to inform the full names of the Participants and the electronic addresses that should receive the access link, so that the invitations (invites) for the test prior to the date are sent to the audience.

 

  1. After testing, the Secretariat will send an invitation to any remote meetings and remote hearings to all participants.

 

  1. The CAMACAN LATAM Secretariat will consult the arbitral tribunal on the need to contract stenotype and translation services, as appropriate.

 

  1. It is the responsibility of the patrons of the parties to inform the CAMACAN LATAM Secretariat of the e-mail addresses of factual, technical, legal representatives or other Participants, in order to provide them with information regarding the hearing. It is also the responsibility of the patrons to inform the CAMACAN LATAM Secretariat and the arbitral tribunal in advance about other participants and any third parties who will be physically in the same location as another participant.

 

VII. The Secretariat will forward to the arbitral tribunal the list of persons who will participate in the meetings and remote hearings, duly accompanied by the electronic addresses (“List of Participants”).

 

VIII. The electronic records of the procedure will be available for consultation by the arbitrators and lawyers of the parties.

 

  1. The documents to be used in the course of meetings and remote hearings must be presented by the parties' lawyers in a digital core bundle, and must be made available by the CAMACAN LATAM Secretariat in a link for this purpose. In order to give efficiency to the works, the documents must be organized and ordered according to their presentation and identified according to the denomination in the proceedings.

 

Art. 48 It is established that at the time of meetings and remote hearing

 

  1. On the day designated for the meetings and remote audience, all Participants must access the platform at least 30 (thirty) minutes before the scheduled time for the start of the work, for the last test of equipment operation and verification of other issues technical order.

 

  1. At the beginning of the meeting or remote hearing, it is suggested that the arbitral tribunal, in possession of the List of Participants, confirm the presence of everyone.

 

III. If remote meetings or hearings are accessed by anyone who is not on the Participant List, this fact must be immediately reported to the arbitral tribunal. The arbitral tribunal must also be informed if any person who is not on the Participant List is in the same physical environment as any of the Participants.

 

  1. At any time during the course of the meeting or remote hearing, the arbitral tribunal, ex officio or at the request of the parties' patrons, may request Participants to display the physical environment in which they find themselves (360º rotation) in order to verify and confirm the people present at the site.

 

  1. Unless determined by the arbitral tribunal, the CAMACAN LATAM Secretariat will be the only one authorized and responsible for recording the meeting or remote hearing, which will be carried out by means of a resource made available on the platform itself and, eventually, by conventional recorder as a copy. security (backup).

 

VII. Slide shows and/or case documents to be viewed in the course of the meeting or remote audience, must be displayed by the interested party through the screen sharing feature available on the platform.

 

VIII. For a better use of the works, so that there is clarity in the presentations and testimonies, as well as to facilitate the execution of the transcription service, an interlocutor must wait for the speech of his predecessor to finish.

 

  1. It is recommended that the hearing of witnesses and / or other Participants be established before the Remote Hearing is held. If the order of hearing has not been previously determined, the patrons of the parties must inform the arbitral tribunal which witness they intend to call, with the CAMACAN LATAM Secretariat, as the event organizer (host), responsible for giving the witness access to the meeting room. Remote Hearing. Likewise, the CAMACAN LATAM Secretariat will monitor the witness's departure from the Remote Hearing room, at the end of his hearing.

 

  1. If, in the course of the remote hearing, the arbitral tribunal or the patrons of the parties need an exclusive room for the purpose of deliberation or meeting, the CAMACAN LATAM Secretariat will provide access to the referred rooms, sending the respective links to those who must access them .

 

  1. If there is any type of technical or other complication, the arbitral tribunal may suspend the meeting or remote hearing, determining its resumption on the same day or on a new date.

 

 

CHAPTER XIV - ARBITRAL SENTENCE

 

Art. 49 The arbitral award will be in written form and may be handed down on the entire object brought to Arbitration, or on part of the object brought to Arbitration, if the arbitrator or the Arbitral Tribunal deems it necessary to fragment the decision, to facilitate the development of the arbitration , until the final sentence is handed down.

 

Single paragraph. Any and all arbitration awards (total, partial or final) will be final, unappealable and binding between the parties. The parties undertake to spontaneously comply with each judgment, within the period established in the decision itself.

 

Art. 50 Unless the parties agree otherwise, the arbitrator or the Arbitral Tribunal shall render the sentence within 30 (thirty) days, counted from the end of the period for the final arguments of the parties, and this period may be extended, for an equal period, by the arbitrator or the president of the Arbitral Tribunal.

 

  • The arbitration award will be made by a majority of votes, with each arbitrator, including the President, having a single vote. If there is no majority agreement, the vote of the President of the Arbitral Tribunal will prevail.

 

  • The arbitration award will contain:

 

I - the report with the name of the parties and a summary of the dispute;

 

II - the grounds of the decision, where the issues of fact and law will be analyzed, mentioning, expressly, whether the arbitrators judged by equity;

 

III - the provision, in which the arbitrators will resolve the issues submitted to them and establish the deadline for compliance with the decision, if applicable;

 

IV - the date and place where it was given.

 

Art. 51 The award will be signed by the arbitrators and will contain the date and place in which it was dictated, which will be the place indicated by the parties or the one established by the Arbitral Tribunal.

 

Single paragraph. Due to the operational difficulties and distances involved, in order not to delay and increase the flow of the arbitration procedure, in the case of the Arbitral Tribunal, the decisions may be signed by the President of the Arbitral Tribunal, making sure that the co-arbitrators are or are not in accordance with said decision, by means of a statement made by each, by any electronic means, of consent or disagreement with the decision issued.

 

Art. 52 Before communicating the decision to the parties, the arbitrator or the Arbitral Tribunal, on his own initiative, may forward to the Technical Directorate of CAMACAN LATAM, a request for verification and correction of material typing, calculation or typographical errors that may confuse or lead error in the execution of the decision, having the same time limit of 10 (ten) days to verify such corrections or state reasonably why it does not do so.

 

CHAPTER XV - CONCILIATION IN THE COURSE OF THE PROCEDURE

 

Art. 53 In the event of transaction by negotiation, conciliation or by the incidence of any consensual means between the parties, after the arbitration is instituted and before the date on which the sentence is dictated, the arbitrator or the Arbitral Tribunal will order the conclusion of the procedure and register the transaction in the form of a declaratory sentence of the agreement made between the parties.

 

 

 

CHAPTER XVI - DECLARATION EMBARGES FOR CLARIFICATION, RECTIFICATION AND COMPLEMENTATION OF THE ARBITRAL SENTENCE

 

Art.54 Once the arbitral award has been communicated to the parties, within a period of 5 (five) days or in another agreement, they may, by means of a Motion for Clarification, request the arbitrator or the Arbitral Tribunal:

 

I - an interpretation of the sentence on possible obscurity, contradiction or doubts;

 

II - rectification by material error, calculation error, or any other of a similar nature;

 

III - its complementation in the event of omission on a relevant thesis or an unapproved request.

 

  • Once the Declaration Embargoes have been received, if timely, the Arbitrator or President of the Arbitral Tribunal shall notify the other party so that it can provide the opportunity within the period equivalent to that provided for the presentation of the Embargoes, any objection to the claim filed by the embargoing party.

 

  • Once the challenge has been received or the opportunity for its presentation has been overcome, the arbitrator or Arbitral Tribunal will issue a complementary sentence, within a maximum period of 10 (ten) days, unless otherwise agreed, evaluating the need or not for material correction, clarification or remedy for omission. , with the parties being notified of the terms of this supplementary sentence.

 

CHAPTER XVII - ARBITRATION COSTS

 

Art. 55 The costs will be charged in consultation with CAMACAN LATAM.

 

Art. 56 The arbitrator or the Arbitral Tribunal will establish the additional costs of the arbitration in the final sentence, as well as the distribution of the final payment responsibility to each of the parties, respecting what was established in the Arbitration Convention and / or the Arbitration Agreement. Costs may include:

 

  1. Arbitrators' fees, travel costs and expenses, indicated individually;

 

  1. Costs of assisting the arbitrator or the Arbitral Tribunal, including its experts, translators and interpreters;

 

III. Costs related to requesting emergency measures;

 

  1. Travel expenses and other expenses incurred with witnesses, provided they are approved by the arbitrator or by the Arbitral Tribunal;

 

  1. Expenses incurred in defending the party to whom the judgment benefited, in the event that such expenses were claimed during the procedure and only up to the amount that the court determines to be reasonable;

 

VII. CAMACAN LATAM expenses with other expenses with services provided for the smooth running of the procedure, not foreseen in the scope of the administration fee.

 

VII. Succumbence fees are fixed at 10% (ten percent) of the economic value of the losing party's sentence in favor of the winning party's attorney, measuring the proportion in the case of partial succumbence.

 

  • The costs of registration, administration of the procedure and the arbitrators' fees will be fixed in the event of the start of the arbitration, in accordance with the table in force at the time of the beginning of the procedure.

 

  • The costs of arbitration may form part of the parties' agreement due to the drafting of the Arbitration Term. If the parties do not agree on their payment, the Arbitral Tribunal will set the costs taking into account the Costs Regulation, the principle of reasonableness and the circumstances of the specific case.

 

Art. 57 The deposit for payment of the costs and fees incurred in the arbitration will be made through prior consultation with CAMACAN LATAM.

 

CHAPTER XVIII - PUBLIC ADMINISTRATION

 

Art. 58 The provisions of this Regulation apply to Arbitrations that have, at any pole of the Arbitral Demand, between the Public Administration, Direct or Indirect.

 

  • The rules of this Section derogate from the general rules provided for in the other Sections of the present Regulation in what they are not compatible with.

 

  • The rules of this section do not apply to the administration of Arbitrations involving public service providers and public service users, who will be subject to the general rules of these Regulations.

 

  • The existence of an Arbitration Convention involving the entities mentioned in the caput does not eliminate the enforceability of the administrative acts of such entities or the requirement for administrative proceedings, when applicable.

 

  • Equity judgment will not be allowed.

 

  • In the cases subject to the Laws that regulate, or equivalent norms, the arbitration will be processed in Brazil and in Portuguese.

 

  • The practice of acts outside Brazilian territory and the gathering of documents and taking statements in a foreign language, at the discretion of the Arbitral Tribunal, are permitted, provided that such measures prove adequate for the resolution of the dispute and, in the subject cases to the Laws, or equivalent rules, that the Arbitral Award be issued in Brazil.

 

  • The Arbitral Proceeding Confidentiality Rule will not apply, bearing in mind the principle of publicity and the transparency duties that govern the Public Administration. Full publicity may be given to the entirety of the Judgments and interlocutory decisions issued by the Emergency Arbitrator, the Arbitral Tribunal or CAMACAN LATAM, upon request by the interested party, and the Judgment may be published on the CAMACAN LATAM website or in printed publications for information purposes.

 

CHAPTER XIX - FINAL PROVISIONS

 

Art. 59 All acts performed, without the presence of the omitted party, will be COMMUNICATED to them in the manner provided for in this Regulation.

 

Single paragraph. If any of the parties, duly informed to present documents, does not provide for the presentation within the time limit set by the arbitrator or by the Arbitral Tribunal, without invoking a relevant impediment, the preclusion will occur, with the arbitrator or the Arbitral Tribunal being authorized to render the sentence arbitration, based on the available evidence.

 

Art. 60 The amendments to this Regulation will be made in accordance with the provisions established by the Technical Director of CAMACAN LATAM.

 

Art. 61 The parties are jointly and severally liable for costs and fees before the entity, although they may, among themselves, agree on formulas to be responsible for paying them.

 

Art. 62 The present Regulation enters into force as of the date of its registration in the registry of titles and documents.

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