By Dra. Eleonora Coelho

Founding Partner at Eleonora Coelho Advogados

1. What were the impacts of the current pandemic on CAM-CCBC’s activities and what has been CAM-CCBC’s response?

Eleonora Coelho: In view of the restrictions imposed by the Covid-19 pandemic, CAM-CCBC took a series of measures allowing the institution to conduct all of its activities 100% remotely, especially the administration of proceedings. We implemented the necessary changes in 48 hours, through Administrative Resolution 39/2020, which was in force until April 1, 2020. Administrative Resolution No. 40/2020 then replaced the first resolution, addressing the electronic processing of CAM-CCBC proceedings.

The measures adopted were (i) suspension of hardcopy filings, hearings and face-to-face meetings; and (ii) management of proceedings exclusively by electronic means, through technological tools, making it possible to carry out communications, procedural acts, filing of briefs, meetings and hearings in a safe and effective manner.

For example, CAM-CCBC offers digital platforms for remote hearings, having approved the use of Microsoft Teams and Zoom. Members of the Secretariat underwent specific training for both platforms.

For the conduct of hearings, the Secretariat offers assistance by scheduling meetings, sending access links, managing access to the main virtual room, contacting court reporters and interpreters, if applicable, as well as liaising with CAM- CCBC’s IT Department.

The measures adopted by CAM-CCBC certainly provide a safe and effective environment during the period requiring social distancing, so that the more than 300 proceedings under its administration are not jeopardized by any technical reasons.

On the other hand, CAM-CCBC is also prepared to receive new proceedings. In the period from March 16 to May 8 of this year, 16 new proceedings were electronically filed before CAM-CCBC.

The technical capacity of CAM-CCBC to preserve its commitment to excellence in the services provided is extremely important at this time and in the post-pandemic, especially because of the expectation of an increase in the volume of claims resulting from the difficulties imposed on business in general.

2. In the current crisis, have you noticed any charitable efforts by arbitral institutions? What has been CAM-CCBC’s position in this regard?

Eleonora Coelho: We understand that institutions must remain aware of their social responsibility, maintaining their activities as usual, as well as encouraging projects with a wide and diverse social reach.

The , for example, created a Social Responsibility Committee and publishes several initiatives of associated Chambers on its website.

CAM-CCBC has also been contributing outside its field of expertise.

With the support of the Brazilian Arbitration Committee – CBAr, CAM-CCBC redirected the funds of its sponsorship for the 19th CBAr Congress, to the Hospital das Clínicas of the Medical School of the University of São Paulo – HCFMUSP. The sponsorship that would be destined to the main party of the event, which will no longer be held in 2020, was donated to HCFMUSP, a reputable public health entity of great reference in our country that will use the funds to save more lives. Such a donation was made on behalf of CAM-CCBC, CBAr, and each of the guests of the arbitral community that would participate in the Congress.

In addition, CAM-CCBC is hosting several webinars – one of which was even organized by NewGen itself. In each webinar, we ask participants to donate resources to a suitable institution, dedicated to relevant social causes.

3. How can the arbitral community engage in charitable initiatives supported by CAM-CCBC? 

Eleonora Coelho – CAM-CCBC sees webinars as opportunities to promote social projects and engage the arbitral community in charitable initiatives. In each of the webinars promoted by CAM-CCBC – all free, recorded, and available on CCBC’s Youtube Channel -, we announce a different social project.

We encourage viewers to learn about the projects and, if possible, to make a donation, as a way of retributing the generosity of speakers willing to share their knowledge. We believe that, in this unprecedented crisis, we cannot help everyone, but everyone can help someone.

We invite everyone to participate in our webinars and contribute, as possible, to the projects we announce. CAM-CCBC is completely open to suggestions of other projects.

4. Much is said about the imminent increase in the number of claims arising from the effects of the COVID-19 pandemic. Is this already a reality for CAM-CCBC? So far, has there been any arbitration or mediation proceeding caused by the pandemic? What is your view on this issue?

Eleonora Coelho – There is, in fact, an expectation of an increase in the volume of cases caused by the repercussions of the current crisis. CAM-CCBC has already received some arbitral proceedings that are directly or indirectly related to the pandemic.

Adequate dispute resolution methods play an important role in the strategic and effective management of conflicts arising from the current scenario, and we believe that there will be an increase also in the number of mediations. Since the beginning of the pandemic, we already had 4 new mediation cases, and we have been promoting this method.

All the measures that have been taken by CAM-CCBC are important to ensure certainty for its users, including lawyers, mediators, arbitrators, and parties. Ultimately, CAM-CCBC employs its best efforts so that there is an efficient settlement of disputes, as well as legal certainty and social peace.

 

With questions prepared by  Pedro Bento de Faria.