Resolution 2/2018

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Resolution No 2/2018

The President of the Ciesp/Fiesp Chamber of Conciliation, Mediation and Arbitration ("Chamber"), acting within the powers granted by item 4(f) of the Internal Regulation of the Chamber1;

Having examined items 2.1, 2.2 and 9.1 of the Arbitration Rules of Chamber Ciesp/Fiesp (“Rules”) 2 ;

Considering that, in the meeting held on 1 October 2018, the Superior Council of the Chamber Ciesp/Fiesp resolved that such items deserve clarification;

Also considering the understandings held during the meeting of the Superior Council and the suggestions then presented;

Noting that informing the full and updated address of the other parties is in the requesting party’s (“Claimant”) best interest;

Expecting to render more efficient the exchange of the notices mentioned in items 2.1, 2.2, 9.1 and 9.3 of the Rules, as well as to enhance legal certainty in the arbitration proceedings;

RESOLVES to clarify items 2.1 and 9.1 of the Rules in what regards the exchange of communications and documents before the execution of the terms of reference, as well as the information of the address of the other parties involved in the arbitration proceedings and the delivery of the notices relating to the proceedings, as follows:

  1. The request for arbitration set forth in item 2.1 of the Rules, as well as the notices and documents to be sent by the party(ies) and the arbitrator(s) to the Chamber’s Secretariat may be forwarded by e-mail in the time period falling between the filing of the request for arbitration and the execution of the terms of reference, provided that hard copies are filed with the Chamber’s Secretariat or sent by letter or express courier (with acknowledgment of receipt) in the first business day following the electronic communication;
  2. With regards to the notices and documents to the sent to the parties, if an address has been designated by a party specifically for the purpose of receiving the notices arising out of or in connection with the document that includes the arbitration agreement and/or with regards to the arbitration proceeding, or in the cases where the arbitral tribunal authorizes, any notice shall be delivered to that party at that address, and if so delivered shall be deemed to have been received. Delivery by electronic means such as facsimile or e-mail may only be made to an address so designated or authorized;
  3. iIn the absence of such designation or authorization, a notice is:
    1. Received if it is physically delivered to the addressee; or
    2. Deemed to have been received if it is delivered at the place of business, habitual residence or mailing address of the addressee
  4. If, after reasonable efforts, delivery cannot be effected in accordance with paragraphs (ii) or (iii), a notice is deemed to have been received if it is sent to the addressee’s last-known place of business, habitual residence or mailing address by registered letter or any other means that provides a record of delivery or of attempted delivery;
  5. In the case described in the item (iv) above, the Claimant shall be consulted about the measures taken by the Secretariat of the Chamber Ciesp/Fiesp in order to notify the opposing party(ies) as regards the continuation of the proceedings;
  6. vi. In case a party must be notified at an address that differs from the one mentioned in the document that contains the arbitration agreement, the Claimant shall indicate in good faith another pertinent address.

This Resolution enters in force immediately and shall be applied insofar as it does not contradict special provisions set forth by the parties in particular cases.

São Paulo, 1 October 2018.

Sydney Sanches
President of the Chamber Ciesp/Fiesp

1 Internal Regulations of the Chamber Ciesp/Fiesp: “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.”
2Arbitration Rules of Chamber Ciesp/Fiesp: “2.1. The arbitral proceedings shall be initiated upon request by the interested party, which shall, from the outset, mention the arbitration agreement stating the reference of the matter to arbitration administered by the Chamber, the subject matter of the arbitration, the amount of the dispute, the name and full identification of the other party(ies), attaching a copy of the contract and any other documents relevant to the dispute.” “2.2. The Secretariat of the Chamber shall send a copy of the request to the other party(ies), inviting them to nominate an arbitrator within fifteen (15) days, in accordance with the arbitration agreement, and shall send its List of Arbitrators, in addition to a copy of these Rules and of the Code of Ethics. The opposing party(ies) shall have an identical time limit to nominate an arbitrator.” “9.1. For the purposes of these Rules, notices shall be sent by letter, facsimile, electronic mail or equivalent means, against receipt of the respective hard copy.”

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