1. SUBMISSION TO THIS EXPEDITED ARBITRATION RULES
1.1 The parties that choose to submit their conflict to the Chamber of Conciliation, Mediation and Arbitration CIESP/FIESP, hereinafter the Chamber, by arbitration clause or other written means, accept and are bound to the present Expedited Arbitration Rules and to the Internal Regulations of the Chamber. 1.2. The Chamber administers and supervises the correct development of the arbitration proceedings, indicating a sole arbitrator, whenever not otherwise agreed by the parties. 1.3. This Rules are a modified version of the Chamber’s Arbitration Rules and aims to provide a more efficient and simplified procedure to dispute resolution. 1.4. Any modifications to the present Rules agreed by the parties shall only be applicable to that specific case. 1.5. The present Expedited Arbitration Rules shall be applicable when the arbitration convention provides for its applicability and the amount in dispute do not exceed R$ 2.000.000,00 (two million Brazilian Reais) or, if the amount in dispute exceeds this figure but the parties expressly agrees to adhere to the expedite proceeding.2. REQUEST OF ARBITRATION, PARTIES’ ALLEGATIONS AND PRELIMINARY STEPS
2.1. The party wishing to submit a case under the present Rules shall present to the Chamber a Request for Expedited Arbitration, indicating, simultaneously, the subject matter of the arbitration, the amount of the Claim, the name and complete identification details of the other(s) party(ies), and attaching copy of the contract that contains the arbitration clause and any document pertinent to the case. The party shall also provide its written allegations accompanied by all documents to prove its claims and allegations, including any expert’s or technical report. 2.2. The Chamber will send a copy of the Request to the other(s) party(ies) and invite them to, within 7 (seven) days, present their Reply and written allegations, accompanied by all documents to prove its claims and allegations, including any expert’s or technical report. 2.3. In the following working day to the presentation or the expiration of the time limit for Reply (article 2.2), the Chamber shall request that the parties submit an agreed sole arbitrator, within 7 (seven) days, preferably an arbitrator that is in the Chamber’s Arbitrators List. If the sole arbitrator indicated by the parties is not in the Chamber’s Arbitrators List, the party shall provide a resume and all pertinent contact details. In this case the sole arbitrator shall be submitted to approval by the President of the Chamber. 2.4. In the absence of agreement by the parties or indication of the sole arbitrator in the stipulated time limit, the President of the Chamber shall appoint the arbitrator within 5 (five) days. The sole arbitrator will be invited to answer a Conflict and Availability Verification Questionnaire, within an equivalent time limit. 2.5. Accepted the nomination, the sole arbitrator shall execute the Statement of Independence within 2 (two) days, whereupon confirming his indication the arbitral proceedings are deemed to have commenced.3. TERMS OF REFERENCE
3.1. Within 5 (five) days of his/her confirmation, the sole arbitrator, supported by the Chamber, shall elaborate the Terms of Reference (“Terms”), that shall contain: (i) names and qualifications of the parties, their counsel and the sole arbitrator; (ii) the subject matter and summary of the parties allegations and claims; (iii) the estimated amount of the claim; (iv) the provisional calendar of the case; (v) whether it is permitted to judge the subject matter of the dispute on an ex aequo et bono basis; (vi) the liability for payment of all and any costs and arbitrators' fees; (vii) the place where the award is to be issued; (viii) any other provisions agreed upon by the parties. 3.2. In sequence, the sole arbitrator shall forward to the parties a draft of the Terms for them to make any commentaries and suggestions, within 5 (five) days, that may or may not be accepted by the sole arbitrator. 3.3. The Term will be signed by the sole arbitrator and the Secretary-general of the Chamber and forwarded to the parties. 3.4. After the signing of the Term, the parties may not present new claims, except if so approved by the sole arbitrator or if the parties agree on the inclusion of the new claim. 3.5. The sole arbitrator shall grant 7 (seven) days from the signing of the Term for the Parties to complement their written allegations and to adduce any addition evidence or documents they deem convenient. 3.6. The sole arbitrator shall grant 7 (seven) days from the receipt of the complementary allegations (article 3.5) for the parties to comment on the allegations presented by the adverse party. 4. HEARING AND FINAL ALLEGATIONS 4.1. If the sole arbitrator deems necessary, within 5 (five) days from the receipt of the complementary allegations (article 3.6), the necessity of any additional clarification, he may designate a presentation hearing, summoning the parties with no less than 7 (seven) days of antecedent to manifestate and to provide clarifications. 4.2. The parties may request for a hearing for the presentation of the allegations and/or evidence, the arbitrator shall decide on the convenience of holding a hearing. 4.3. The sole arbitrator may determine that the hearing will be held via videoconference or any other means of audiovisual communication. 4.4. The parties shall present their final allegations within seven days of the hearing, or alternatively orally in the end of the hearing, if so requested by the parties and approved by the sole arbitrator. 4.5. Whether or not there is a hearing, the sole arbitrator may dispense the submission of final allegations.5. THE ARBITRAL AWARD
5.1. Following the allegations (article 3.5 and 4.6) or the final allegations (article 4.4) the arbitration award shall be rendered within 30 (thirty) days, this time limit may be extended by the sole arbitrator, for an equal period. 5.2. The arbitral award will be in writing and shall necessarily contain:a) a report with the name of the parties and a summary of the dispute;
b) the grounds for the decision, which shall provide for the findings of fact and findings of law, clarifying that it was made on an ex aequo et bono basis, if applicable;
c) the decision on the merits of the case, with all its specifications and deadline for performance of the award, if applicable;
d) the day, month, year, and the place where the arbitral award was rendered;
e) the physical or digital signature of the sole arbitrator.
5.3. The arbitral award shall also contain the administrative costs, expenses, and attorneys' fees, as well as the respective apportionment, observing what was agreed upon by the parties in the arbitration convention and/or indicated in the Terms of Reference. 5.4. Upon the issuing of the arbitral award, the arbitration shall be deemed to be closed, and the sole arbitrator shall send the award to the Secretariat of the Chamber so that it is sent to the parties, either by any digital form or mail or by any other means of communication, against receipt. 5.5. The Chamber shall comply with article 5.4 after full payment of all costs and arbitrator’s fees by one or both parties. 5.6. Within 5 (five) days from the date of receipt of the notice or of the personal knowledge of the arbitral award, the interested party, by means of written submission to the other parties, may submit a Request for Clarification to the sole arbitrator to clarify any obscurity, supplements the omission, or remedies the contradiction of the arbitral award. 5.7. The opposing party may submit a manifestation about the Request for Clarification within 5 (five) days from the receipt of the Request. 5.8. The sole arbitrator shall decide the Request for Clarification within 7 (seven) days, from the expiration of the time limit to the manifestation about the Request for Clarification, this period may be extended for more 7 (seven) days. 5.9. The arbitral award is final, the parties being bound to it in the manner and within the time periods therein stated.6. PARTIES AND REPRESENTATIVES
6.1. The parties may be represented by someone with adequate powers to act on their behalf in the arbitral proceedings, as well as by counsel. 6.2. Unless express provision to the contrary, all communications, notifications and subpoena of procedural acts will be addressed to party’s counsel by electronic means of communication.7. NOTIFICATIONS, TIME LIMITS AND SERVICE OF DOCUMENTS
7.1. Unless otherwise agreed by the parties or directed by the sole arbitrator, all correspondence sent by the Secretariat of the Chamber, including communications, notifications, copies of parties’ manifestations and arbitrator’s decisions, shall be sent exclusively electronically. 7.2. The Notification of the Request of Arbitration shall be also served via mail, with confirmation of receipt. 7.3. All documents, notifications and correspondence sent by the Chamber will be deemed as delivered in the date that the receiver acknowledges receipt or in the first working day following of the sending, if the recipient do not confirm the delivery. 7.4. The deadlines for complying with the requested measures will be counted in calendar days, starting on the next business day from delivery, as well as the deadlines determined in this Rules. 7.5. The sole arbitrator may extend or modify time limits. If a time limit is not expressly fixed, the provisions of this Rules shall prevail, in the event of no provision, the term is of 5 (five) days.8. COSTS OF THE ARBITRATION
8.1. The Schedule of costs and Arbitrator’s fees and expenses will be established by the Chamber, as well as the form of payment and deposit. 8.2. If no hearing is held, the Chamber may reduce the costs, reimbursing any difference to the parties.9. FINAL PROVISIONS
9.1. This Expedited Arbitration Rules shall apply, in the circunstances described at clause 1.5., whenever the arbitration agreement determines the submission to the arbitration rules set out by the Ciesp/Fiesp Chamber of Conciliation, Mediation and Arbitration, Ciesp/Fiesp Chamber of Conciliation, Mediation and Arbitration of São Paulo, the São Paulo Chamber of Mediation and Arbitration, the Fiesp Chamber of Arbitration, or whenever it refers to any Chamber of Arbitration belonging to any of Ciesp and Fiesp entities. 9.2. The Expedited Arbitration Rules shall not be applied if the President of the Chamber, by request of one of the parties, before the appointment of the sole arbitration, or by its own motion, decides that it’s inappropriate to apply this Expedited Arbitration Rules. 9.3. The sole arbitrator should interpret and apply the present Expedited Arbitration Rules to the specific cases, including to supply lacunas, in all that concerns it’s powers and obligations. Before the commencement of the arbitration, such competence shall be exercised by the president of the Chamber. 9.4. The Chamber’s Arbitration Rules are applicable in a supplementary manner to the cases under Expedited Arbitration Rules, whenever necessary. 9.5. Article 7 of the Chamber’s Arbitration Rules are applicable to the sole arbitrator. 9.6. The Arbitration proceeding is confidential, the members of the Chamber, the sole arbitrator and the parties shall not disclose any information relating to the case, that they had access as consequence of their work or participation in the proceeding, unless ether is a legal provision that determines otherwise. 9.7. The Chamber does not resolve disputes itself and is not responsible for the content of the award or its effects. 9.8. If the parties so wish, and with the express authorization of the sole arbitrator, the Chamber may disclose the full content of the arbitral award. 9.9. The Chamber may publish excerpts of the arbitral award, with due omission of the parties' identities. 9.10. The provisions of Article 20.9 fo the Chamber’s Arbitration Rules are hereby revoked. 9.11. The present Expedited Arbitration Rules, approved in the statutory form on September 14, 2020, will enter into force on March 17, 2021.