Definitions

DEFINITIONS

TERM DEFINITION

CIESP/FIESP CHAMBER

Ciesp/Fiesp Chamber of Conciliation, Mediation and Arbitration.

AD HOC COMMITTEE

Temporary Committee, formed

at any time during the term of the

Contract, for purposes to resolve one or more existing Dispute(s),

as per Article 2.7 of

the Rules, and which shall be formed and terminated under the cases provided for by Article 7 of the Rules.

DISPUTE PREVENTION AND RESOLUTION COMMITTEE

OR “COMMITTEE”

Committee formed by one or more Members under the Rules.

HYBRID COMMITTEE OR HC

Has the meaning under Article 5 of the Rules.

PERMANENT COMMITTEE

Committee formed under Article 2.6 of the Rules to operate continually, and which will be formed and terminated under the cases provided for by Article 7 of the Rules.

COMMITTEE FOR ADJUDICATION OR CA

Has the meaning under Article 4 of the Rules.

COMMITTEE FOR REVIEW OR CR

Has the meaning under Article 3 of the Rules.

CONSENSUS

Express agreement or lack of objection between the Parties.

CONTRACT

The contract or contracts based on which the Committee will be formed.

DISPUTE

Dispute, allegation, request or any other issue concerning the interpretation and/or performance of the Contract.

DECISION

Deliberation of the CA or, as applicable, of the HC, as to a Dispute.

DAILY FEE

Criterion to ascertain the Extraordinary Fees to be paid to the Committee due to the holding of Extraordinary Meetings or Measures, or to the issuance of Recommendation or Decision, under Article 4.4 of Exhibit II of these Rules.

DISAGREEMENT

Written notice where the Party reserves rights and states its objection to the Recommendation or Decision.

STATEMENT OF THE CASE

The written statement of the case by the Party submitting a Dispute to the Committee, which is presented to the other Party, to each Committee member and to the Secretariat of Ciesp/Fiesp Chamber

NOTICE FORM

Form contained in Exhibit III of the Rules.

EXTRAORDINARY FEES

Fees that compensate the Committee for holding Extraordinary Meetings or Measures, or for the issuance of Recommendation or Decision, under Article 4 of Exhibit II of these Rules.

MONTHLY FEES

Fees that compensate the Committee for taking part in the Ordinary Meetings and Measures and for seeking amicable solution of Disputes under Article 3 of Exhibit II of these Rules.

MEMBER(S)

Person(s) appointed to the Committee.

PARTY(IES)

Party(ies) to the Contract, including those mentioned in the Notice Form or in the Statement of Formation.

QUESTIONNAIRE

Questionnaire on the Conflict of Interests, Availability and Acceptance of the Office to be completed by potential Committee Members, under Article 2.8.3 of the Rules.

RECOMMENDATIONS

Deliberation of the CR or CH, as applicable, concerning a Dispute.

RULES

Rules of the Ciesp/Fiesp Chamber’s Dispute Prevention and Resolution Committee.

ANSWER

Written answer submitted against a Statement of the Case, under Article 13.1 of the Rules.

EXTRAORDINARY MEETINGS AND MEASURES

Meetings and measures not scheduled in the meetings calendar under Article 8.5.

ORDINARY MEETINGS AND MEASURES

Meetings and measures provided for in the meetings schedule, under Article 8.3.

STATEMENT OF FORMATION OF THE COMMITTEE

Instrument adopted in forming the Committee, under Article 7.1 of the Rules.

STARTING DATE

Date on which the Statement of the Case was received by the Chairman of the Committee, under Article 12.2 of the Rules.


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