Arbitration and solidarity: cooperation as an effective response to the pandemic

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In order to confront the impacts of the pandemic on its activities, the cases under its administration and the marketplace as a whole, the alternative dispute resolution industry in Brazil has joined forces so as to foster the economic and social support of the industry players to the society beyond the access to justice and judicial relief. The industry has been making financial donations, promoting webinars and online courses, updating management fees and issuing joint statements.

  1. Donations. CAM-CCBC has donated the funds initially destined to CBAr’s 19th International Arbitration Conference, which was cancelled due to the COVID-19 pandemic, to the Hospital das Clínicas in São Paulo for the acquisition of hospital equipment.

Due to its role within B3 – Brasil, Bolsa, Balcão, the Market Arbitration Chamber (“CAM”) supported the B3’s social initiative, the #UmSóTime (“a united team”) campaign that has raised and donated 24,000 basic food baskets.

The (ACRJ) have jointly launched a fundraising campaign for the acquisition of equipment for public hospitals.

  1. Webinars. Because of the pandemic, the importance of webinars have been growing significantly. CAM-CCBC has been organizing frequent webinars with distinguished professionals, addressing issues such as the contractual impacts of COVID-19 under Brazilian law; the perspective of parties, counsel and institutions regarding the impacts of the pandemic; and its impacts on infrastructure contracts. Most of these webinars are available for access on the institution’s Youtube channel.

Other institutions, such as the Chamber of Conciliation, Mediation and Arbitration CIESP-FIESPare also organizing periodic webinars, named Câmara Talks and CAMARB Debates, which address topics related to ADRs.

All of these can be seen in the calendar [below].

. With the intent of contributing to education during the pandemic, the Fundação Getúlio Vargas (“FGV”) granted free access to 55 online courses, which are available on its e-learning platform. The Grupo de Alunos da USP (GARB-USP) launched the I Introduction to Arbitration Course. The course was offered online and provided candidates with an introduction to the legal framework and good practices and procedure in domestic and international arbitration.

  1. Updates to fee schedules. In order to assist its associates and micro and small enterprises, CBMA updated its fee schedule for mediation and conciliation procedures through an administrative resolution.

CAMARB issued a new resolution that allow parties to use administration fees of mediation proceedings in subsequent arbitration proceedings between the same parties, as well as to use administration fees of arbitration proceedings in mediation proceedings commenced between the same parties during the course of the arbitration.

  1. Joint statements. In Brazil, showing true cooperation, CAM-CCBC, CAMARB, CAM-B3, Federasul Arbitration Chamber (“CAF”), the International Court of Arbitration of the International Chamber of Commerce (“the ICC”), the Arbitration and Mediation Center attached to the American Chamber of Commerce for Brazil – AMCHAM Arbitration and Mediation Center (“AMCHAMthe Brazilian Center of Mediation and Arbitration (“CBMA”), the Chamber of Conciliation, Mediation and Arbitration CIESP-FIESP (“CIESP-FIESP”) and the Arbitration and Mediation Chamber of Rio Grande do Sul Industrial Center (“CAMERS”); released a joint statement through which they publicly affirmed their commitment to ensure legal certainty in the remote administration of alternative dispute resolution, in order to continue cases and to mitigate potential harm to the parties, attorneys, arbitrators, mediators and to the society as a whole.

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