The Market Arbitration Chamber, or CAM B3, approved on June 14 a rule (Guideline No, 01/2019) establishing the CAM B3 Digital system. The new rule came into force on July 1 and provides for the details of the CAM B3 Digital operation.
CAM B3 Digital is an online platform where the procedural acts of an arbitration can be conducted electronically, and which allows for the parties to have online access to the arbitration documents. This innovative platform brought by B3 is intended to modernize arbitration management. In addition, providing documents and replies in hard copy is no longer needed. Everything can be done electronically.
Through this new CAM platform, the parties will be able to: (i) Request the CAM to commence an arbitration or join an ongoing arbitration as a third party; (ii) Reply to the Request for Arbitration, submit documents and procedural documents electronically; (iii) Follow up on the arbitration schedule and monitor related deadlines; (iv) Have access to the arbitration procedural documents; (v) Follow up on the arbitration developments – real time and at any time, including with mobile access; (vi) Make connections between procedures, according to the CAM Rules; (vii) Receive notices from the CAM Secretariat and view notices in an organized and orderly fashion; (viii) Monitor the financial status of arbitrations, have access to payment forms, and receive notices pertaining to costs, expenses and arbitration fees; (ix) Receive invoices and payment forms related to administrative costs and arbitrators’ and experts’ fees, for the CAM Secretariat’s information.
From the moment when the CAM Guideline came into effect on, commencement of new arbitral proceedings can only occur electronically, unless the parties expressly agree otherwise in the arbitration clause. Procedures will be conducted online until the execution of the Term of Reference, when the parties may request that procedures be not conducted by electronic means, which must be consented to by the Arbitral Tribunal.
Arbitrations commenced prior to the CAM Guidance effective date will continue to be conducted in physical manner, but the parties and the arbitrators may, by mutual agreement, choose the electronic proceedings – either by incorporating the relevant CAM rules into the Term of Reference, if it has not yet been signed, or by signing an addendum prescribing that the proceedings will be conducted electronically, if the Term of Reference has already been signed.
Access to the online platform is restricted to the parties and their representatives, arbitrators, those working at the CAM secretariat and the Arbitral Tribunal secretary. Third parties who join the arbitration – such as experts and technical assistants – may also be given access, whenever authorized.
In an effort to make the transition to the new technology smooth, CAM B3 released a User Guide containing the best practices related to the CAM B3 Digital system and explaining in detail how to use the system and all of its functionalities. The CAM also made available two tutorial videos: one focused on arbitrators and the other focused on the parties. The purpose is to give platform users as much information as possible on how to access the system.
The online platform is expected to be a strictly safe, expeditious, efficient and fast. Among the major arbitration chambers in Brazil, CAM B3 was the first to implement a completely electronic approach to arbitration. This novelty will most likely inspire other chambers to improve the use of technology in arbitration.
Available at: http://www.b3.com.br/pt_br/b3/qualificacao-e-governanca/camara-de-arbitragem-do-mercado-cam/formularios-cam/
