02/09/2025
The Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada (CAM-CCBC) recently issued Administrative Guidance n. 07/2025 (“Guidance”)[1], establishing instructions for the use of artificial intelligence (“AI”) tools in proceedings administered by CAM-CCBC. The Guidance highlights the institution’s adaptability to technological innovations while preserving the integrity and confidentiality that govern the procedures.
The document is in line with governance frameworks on privacy, data protection, and the ethical and responsible use of AI. As such, the Guidance serves as a tool that defines clear parameters to mitigate operational, reputational, and legal risks, encouraging the safe use of technology. Among its main aspects, highlights include:
- Institutional position: CAM-CCBC informs that it does not currently use AI tools in the administration of arbitrations, mediations, dispute boards, or other ADRs, committing to do so only upon new administrative guidance.
- Responsibility of participants: arbitrators, mediators, experts, secretaries, parties, and representatives must observe the duties of discretion and confidentiality, ensuring that any data entered (“inputs”) into AI tools does not violate such duties.
- Encouraging procedural dialogue: participants are encouraged to discuss the use of AI in advance, including the need for disclosure and assessment of any potential impacts.
- Specific clauses: provisions regarding the use of AI and its conditions may be included in the Terms of Reference.
- Decision-making powers: arbitrators, mediators, and committee members retain authority to decide on issues relating to the use of AI during proceedings.
- Dynamic nature: The Guidance may be periodically updated to reflect technological advances and regulatory changes.
By establishing clear parameters for the use of AI in disputes, CAM-CCBC reinforces the importance of conscious, ethical, and controlled use of these technologies, promoting innovation with full attention to legal certainty, privacy, and party autonomy.
Silvia Rodrigues Pachikoski, dispute resolution partner at L.O. Baptista, as a member of the tripartite presidency of CAM-CCBC, contributes to the development not only of CAM-CCBC but also of the arbitration institute as a whole in Brazil. In the same way, in leading her team at the firm, she adopts best practices to ensure efficient and secure results for her clients’ disputes.
[1] Administrative Guidance No. 07/2025 of the Executive Board of CAM-CCBC, dated July 17, 2025 (Available at: https://www.ccbc.org.br/cam-ccbc-centro-arbitragem-mediacao/orientacao-administrativa-no-07-2025/).
Co-authored by: Silvia Rodrigues Pachikoski, Mariana Dias Sallowicz, Vitória Carolina de Morais Almeida, José Victor Palazzi Zakia and Julia Guimarães Rossetto
