3/30/2020
Due to Covid-19, declared a pandemic by the World Health Organization (WHO), and considering the government’s actions to prevent the spread of the virus, many Brazilian arbitration chambers issued administrative resolutions laying down guidelines and taking measures with respect to their operations and the conduction of arbitration proceedings.
Measures taken generally refer to working remotely rather than in person, including by filing documents using online filing systems, holding online hearings and using remote communication systems so as to avoid disrupting the course of ongoing arbitrations. Other chambers, however, decided to postpone deadlines and hearings indefinitely.
Here are some of them: the Brazil Canada Chamber of Commerce (CAM-CCBC), the Chamber of Conciliation, Mediation and Arbitration Ciesp/Fiesp (Ciesp/Fiesp Chamber), the International Chamber of Commerce (ICC), the Brazilian Center of Mediation and Arbitration (CBMA), Chamber of Mediation and Arbitration of the Commercial Association of Paraná (ARBITAC), the Business Arbitration Chamber – Brazil (CAMARB), the Chamber of Mediation, Conciliation and Arbitration of the Law Firm Commission of the Brazilian Bar Association – São Paulo (CAMCA), the Chamber of Arbitration, Mediation and Conciliation of Rio Grande do Sul State Industry Association (CAMERS) and the Arbitration and Mediation Center of the American Chamber of Commerce Brazil (CAM-AMCHAM).
The CAM-CCBC, for instance, issued administrative resolution No. 39/2020[1], providing for, among other things, the filing of petitions and documents physically and the holding of in-person hearings and meetings. The CAM-CCBC informed that it will provide Parties and Arbitral Tribunals with a shared directory where documents can be uploaded. The CAM-CCBC also recommended that hearings or meetings should be held online and not in person. The CAM-CCBC Secretariat will provide each party involved in arbitration proceedings with instructions on online hearings.
The Ciesp/Fiesp also issued an administrative resolution informing that postponement will last from March 17 to March 27. According to the information provided by Ciesp/Fiesp, ongoing procedural time limits are to remain unchanged and the relevant documents are to be submitted electronically. On the other hand, any time limit that should commence during that period will be postponed to the first day following the end of the period.
The ICC issued a communication requesting that no meeting or hearing should be held until April 13.
The administrative resolutions enacted by CBMA, ARBITRAC, CAMARB, CAMCA, CAMERS and AMCHAM adopt three measures: (i) they postpone face-to-face submission of physical petitions and documents, (ii) they postpone meetings and hearings, and (iii) they postpone front-line services at the offices.
We are facing an extraordinary situation to which Brazilian arbitration chambers are still adapting. They have been taking all steps needed to safeguard the health and safety of the people and, at the same time, minimize the impacts it may have on the course of ongoing arbitrations.
[1] Available at: https://ccbc.org.br/cam-ccbc-centro-arbitragem-mediacao/ra-39-2020-covid-19/
