The President of the Ciesp/Fiesp Chamber of Conciliation, Mediation and Arbitration ("Chamber"), in its powers as per item 4.f)1 of the Internal Regulation of the Chamber;
Whereas item 16.2 of the Chamber Arbitration Rules, which deals with the Request for Clarification, provides that "The Arbitral Tribunal shall decide within ten (10) days, amending the arbitral award, if applicable, and by notifying the parties under item 15.7.";
Whereas the Superior Council of the Chamber deliberated, in its meeting of 17 April 2017, that this item has an omission as to the calculation starting point of the Arbitral Tribunal' s time limit to render a decision; and
Considering the Superior Council understandings and suggestions, following its meeting of 19 June 2017;
Resolve clarify item 16.2 of the Arbitration Rules, notably regarding the time limit for the decision which starts running from the first business day following the date of
I – receipt of the hard copy of the Request for Clarification by the Arbitrator(s).
II – receipt of the hard copy of the counterparty's submission in regards to the Request for Clarification, if applicable; or III – the elapsed time limit of a possible submission as per item (II) above.For the cases in which hard copies are dismissed, the time limit starts running from the first business day following receipt of the e-mail by the Arbitrator(s), in accordance with items (I), (III) and (III) above.
This Resolution shall be immediately in force, except a clashing provision as per agreement of the Parties and Arbitrator(s) in the Terms of Reference.
São Paulo, 22 September 2017. Sydney Sanches
14. The President of the Chamber shall:
(...)
f) issue supplementary and procedural rules intended to clarify doubts on the
adoption of this Regulation and the Rules as regards cases not covered
hereby;