28/05/2026
In October 2025, the CAM-CCBC published its new Arbitration Rules, which, in addition to incorporating issues previously regulated by administrative resolutions, introduced innovations resulting from market practice – after all, it is a system that is self-regulated by its own players.
Among the innovations, the new system for cases of arbitrator challenge stands out. The use of the challenge mechanism, which was previously used sparingly, has increased, both due to the entry of new players into the market who are not familiar with its particularities and due to the use of guerrilla tactics, which often aim to merely delay the formation of the arbitral tribunal.
Bad-faith parties have been making extemporaneous and unfounded objections based on frivolous allegations in order to discredit the impartiality and independence of the arbitrators. This issue has gained significant relevance after cases in which the duty of disclosure of the arbitrators was questioned were reported in the media.
According to the CAM-CCBC’s rules, when an arbitration proceeding is filed, a committee is formed to analyze the allegations of the party and decide if there is any fact that compromises the impartiality and independence of the arbitrator.
Since 1998, this has been the procedure: once the challenge is submitted, the CAM-CCBC presidency is responsible for appointing three arbitrators, all of whom are members of its list, to form the special committee and judge the challenge incidents. This model presented the CAM-CCBC with the challenge of electing the three arbitrators to compose the committee, considering the peculiarities of the trial and its own impartiality and independence in relation to the parties and the professional under scrutiny.
With the publication of the new Rules, the system changed. Now, the CAM-CCBC has a Permanent Challenge Committee, “a permanently designated body to judge arbitrator challenge incidents […]”, composed of 21 members, all of whom are on the list of arbitrators and are appointed by the CAM-CCBC Presidency.
The rapporteur, chosen by lottery among the members of the Committee, is responsible for drafting the decision on the challenge. Decisions must be made by a majority vote. If there is no consensus, the vote of the rapporteur prevails, unless he is defeated – in this case, the case will be assigned to one of the members of the majority group.
The new system proposes that there be greater uniformity in decisions in less time than previously achieved.
The consolidation of a permanent committee with qualified technical composition and a structured decision-making method signals the maturity of an institution that was – and still is – a pioneer in the administration of alternative dispute resolution methods and is responsible for a significant portion of arbitrations in Latin America.
For parties that choose the CAM-CCBC as the seat of their arbitration, the change represents greater legal security and predictability in the management of challenge incidents.
Coauthored by: Silvia Rodrigues Pachikoski, Mariana Dias Sallowicz, José Victor Palazzi Zakia and Julia Guimarães Rossetto
