Amidst an unprecedented health crisis, and an uncertain economic scenario, the law community faces a great number of challenges to go through these turbulent times and aid clients in the best way possible.
\nEven with the best efforts being made by the Judiciary, there is a concern that not all Brazilian Courts will be able to function properly during what could be a long period of lockdown.<\/p>\n
In this scenario, the role Arbitration plays as a first choice for urgent and complex matter is reinforced.<\/p>\n
As a private procedure, Arbitration adapts more easily \u2013 and more efficiently \u2013 to the need of staff to work from their homes, and is notoriously more flexible. Also, the entities that manage arbitration procedures have a smaller case load, which allows them to adopt more modern practices and to have quicker responses to the problems generated by COVID-19.<\/p>\n
Another contributing factor is that the majority of arbitration entities provide for emergency arbitrators , allowing parties to use Arbitration as a resource also for urgent decisions.<\/p>\n
As an example, we outline below the resolutions enacted by some Brazilian arbitration entities \u2013 bound to be altered and adjusted along the way \u2013to deal with COVID-19:<\/p>\n
International Chamber of Commerce \u2013 Brazil<\/p>\n
\u2022 Duration: March 16th, 2020 \u2013 April 17th, 2020
\n\u2022 100% of staff working from home
\n\u2022 Request for Arbitration \uf0e0 e-mail to arb@iccwbo.org
\n\u2022 Request for Emergency Arbitrator \uf0e0 e-mail to emergencyarbitrator@iccwbo.org
\n\u2022 Requests for ADR\uf0e0 e-mail to adr@iccwbo.org
\n\u2022 All meetings and hearings should be done through phone or video
\n\u2022 All travel is suspended
\n\u2022 All events scheduled until April 17th are delayed until further notice<\/p>\n
C\u00e2mara de Arbitragem do Mercado \u2013 CAM – B3<\/p>\n
\u2022 Resolution 01\/2020
\n\u2022 Duration: March 23, 2020 until further notice
\n\u2022 Hard copies of documents and motions will no longer be used, until further notice \u2013 filing through CAM Digital or e-mail (attention to files bigger than 20MB; pen-drives are not allowed)
\n\u2022 Any decision regarding suspension of the arbitral procedure, cancellation of hearings, etc, shall be decided by the Tribunal and\/or the Parties
\n\u2022 The secretariat shall provide a Dial-In number for meetings and hearings
\n\u2022 In case the parties decide to suspend the procedure, no monthly fee will be charged during the suspension
\n\u2022 Secretariat: Telephone, e-mail or through CAM Digital
\n\u2022 Request for Arbitration: CAM Digital<\/p>\n
Centro de Arbitragem e Media\u00e7\u00e3o da C\u00e2mara de Com\u00e9rcio Brasil-Canad\u00e1 \u2013 CAM-CCBC<\/p>\n
\u2022 Resolution 39\/2020
\n\u2022 Hard copies of documents and motions will no longer be used, until further notice \u2013 filing through e-mail and upload on SharePoint
\n\u2022 Request for Arbitration \uf0e0 e-mail to secgeral@ccbc.org.br
\n\u2022 Hearings and meetings should be done via Microsoft Teams, with virtual presence of respective Case Manager
\n\u2022 100% of staff working from home \u2013 any assistance done through phones and e-mail
\n\u2022 All events scheduled for the first semester of 2020 are canceled<\/p>\n
C\u00e2mara de Concilia\u00e7\u00e3o, Media\u00e7\u00e3o e Arbitragem – FIESP\/CIESP<\/p>\n
\u2022 Resolutions 01\/2020 and 02\/2020
\n\u2022 Duration: March 17th, 2020 until further notice
\n\u2022 Hard copies with deadlines until March 27th \uf0e0 must be filed by post office until March 30th with receipt
\n\u2022 All petitions and Documents must be filed electronically, with recipient\u2019s confirmation cmasp@ciesp.com.br and secgeral.cmasp@ciesp.com.br
\n\u2022 Files can be sent under. zip format or via shared links
\n\u2022 If parties or the Tribunal insist in filing motions through hard copies, it must be done by post office
\n\u2022 Secretariat will provide Dial-in and Webex (Cisco) for hearings and meetings, as requested by the Arbitral Tribunal
\n\u2022 Request for Arbitration shall be done exclusively by e-mail
\n\u2022 Deadlines will start on the first day after the Secretariat sends e-mail with communication, motion or decision
\n\u2022 The Arbitral Tribunal will send all decisions and awards via e-mail. Only in case of awards, they should also be sent via post office
\n\u2022 100% of staff working from home \u2013 any assistance done through phones and e-mail<\/p>\n
C\u00e2mara FGV de Media\u00e7\u00e3o e Arbitragem – FGV<\/p>\n
\u2022 Resolution 01\/2020
\n\u2022 Duration: March 19th, 2020 until further notice
\n\u2022 No hard copies shall be filed
\n\u2022 All motions and documents sent must be signed electronically
\n\u2022 Large documents may be sent under .zip format or link for download
\n\u2022 Deadlines will start on the first day after the Secretariat sends e-mail with communication, motion or decision
\n\u2022 Requests for Arbitration \uf0e0 e-mail to camara@fgv.br, arthur.izidoro@fgv.br and maria.dyma@fgv.br
\n\u2022 Arbitral Tribunal and\/or Parties will decide on suspension of the procedure and other necessary measures
\n\u2022 100% of staff working from home \u2013 any assistance done through phones and e-mail<\/p>\n
C\u00e2mara de Media\u00e7\u00e3o e Arbitragem Empresarial – CAMARB<\/p>\n
\u2022 Resolution 08\/2020
\n\u2022 Duration: March 18th until 31, with a possibility of extension
\n\u2022 No hard copies shall be filed
\n\u2022 100% of staff working from home \u2013 any assistance done through phones and e-mail
\n\u2022 Motions and documents will be sent by e-mail (files with over 10MB shall be shared via specific links provided by the case manager)
\n\u2022 Arbitral Tribunal and\/or Parties will decide on suspension of the procedure and other necessary measures
\n\u2022 Request for Arbitration\uf0e0 email to camarb@camarb.com.br
\n\u2022 Any procedure without a Tribunal shall be electronically conducted by the Secretariat; if the parties do not agree, procedure will be suspended<\/p>\n
Centro de Arbitragem e Media\u00e7\u00e3o – AMCHAM Brazil<\/p>\n
\u2022 Resolution 01\/2020
\n\u2022 Duration: March 20th, 2020 until further notice
\n\u2022 All deadlines must be complied with and filed via e-mail
\n\u2022 Hard copies must be filed only after this Resolution ends
\n\u2022 Large documents must be sent under .zip format, links for download or shared file created by AMCHAM
\n\u2022 Deadlines will start on the first day after the Secretariat sends e-mail with communication, motion or decision
\n\u2022 Requests for Arbitration\uf0e0 e-mail to amcham.arbmed@amchambrasil.com.br<\/p>\n
Centro Brasileiro de Media\u00e7\u00e3o e Arbitragem – CBMA
\n\u2022 Resolution 01\/2020
\n\u2022 Duration: March 17th, 2020 until further notice
\n\u2022 No hard copies shall be filed \u2013 all filings to be done by e-mail
\n\u2022 All motions and documents sent must be signed electronically
\n\u2022 Large documents must be sent under .zip format, links for download
\n\u2022 Deadlines will start on the first day after the Secretariat sends e-mail with communication, motion or decision
\n\u2022 Requests for Arbitration\uf0e0 e-mail to cbma@cbma.com.br
\n\u2022 Arbitral Tribunal will decide on suspension, postponing hearings, and whatever is necessary
\n\u2022 100% of staff working from home \u2013 any assistance done through phones and e-mail<\/p>\n
Most entities took similar measures, usually differing according to the specifics of each internal rules. The general intent remains clear: to allow procedures to remain active and, while, at the same time, caring for the health and well-being of the persons involved (staff, arbitrators, lawyers, parties and witnesses).<\/p>\n
It is reasonable to believe these measures will be effective, at least in the short term. However, problems will certainly arise if authorities extend this period of social isolation.<\/p>\n
The complexity that is common to matters litigated in Arbitration demands intensive and extensive work, not only by attorneys, but also by experts and witnesses, which can be severely harmed by the impossibility of face-to-face meetings. For example, it is harder for an expert to draft a reliable report if he or she is prevented from visiting a construction site. Also, it is undeniable that online hearings or meetings may harm the deposition of witnesses or the arbitrators\u2019 understanding of the case.<\/p>\n
These circumstances might impact the parties\u2019 right to due process, which is vital to ensure that the parties obtain a fair decision through the arbitral award.<\/p>\n
In this grave setting, our role becomes even more relevant, not only in assisting clients with the choice between the Judiciary and an arbitration proceeding, but also in presenting creative, practical, and effective solutions within the method chosen.<\/p>\n","protected":false},"excerpt":{"rendered":"
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