EXPEDITED ARBITRATION RULES • Subjection to these Rules • Preliminary Provisions • Term of Arbitration • The hearing • Award • Fulfillment of the Award • The Parties and Attorneys in Fact • Notifications, Deadlines and Delivery of Documents • Arbitration Costs • Miscellaneous • Download de EXPEDITED ARBITRATION REGULATION EXPEDITED ARBITRATION RULES 1. Subjection to these Rules 1.1 - The parties that agree to submit any pending issue that has arisen to the Mediation and Arbitration Chamber of São Paulo, hereinafter referred to as the Chamber, be it through a clause-type or other manner, accept and are bound to this Expedited Arbitration Rules and the Internal Rules of the Chamber. 1.2 - This Rules consists of a modified version of the Chamber's Arbitration Rules and seeks to offer a quicker procedure for solving controversies. 1.3 - Any alteration to these Rules that has been agreed upon by the Parties will only be applicable to the specific case. 1.4 - The Chamber itself does not resolve the controversies submitted to it. It administers and insures the correct development of the arbitration proceedings, indicating and appointing arbitrator(s), when not provided for in another manner by the parties. 2. Preliminary Provisions 2.1 - In a separate document that contains the arbitration clause, establishing the authority of the Chamber to settle contractual controversies that may be solved by arbitration, the interested party should notify the Chamber of its intent to install arbitration, hence indicating the question that will be the subject of arbitration, its value, the name and complete qualification of the other party, attaching a copy of the agreement and other documents relevant to the litigation, also presenting its written allegations, accompanied by all of the documents that prove what is alleged, in three counterparts, including the technical opinion of the expert and witness statements, rendered to a notary public, if such is the case. 2.2 - The Chamber will send a copy of the notification received to the other party, inviting it to, within seven (7) days time to present its written allegations, accompanied by all of the documents that prove what is alleged, in three counterparts, including the technical opinion of the expert and witness deposition, rendered to a notary public, if such is the case. 2.3 - Once the deadline stipulated in article 2.2 has lapsed, the Chamber, on the following day, will request that the parties upon mutual agreement, within seven (7) days, indicate a single arbitrator and a substitute, preferable from the body of arbitrators of the Chamber. Should the parties not reach an agreement, and fail to indicate a single arbitrator in the stipulated deadline, this arbitrator will be appointed by the president of the Chamber. 2.4 - Accepting the appointment, the arbitrator and the substitute will file the Statement of Independence , within two (2) days, thus installing the arbitration. 3. Term of Arbitration 3.1 - Once the single arbitrator and the substitute have been indicated, the Chamber will have five (5) days to prepare the Term of Arbitration along with the parties, attorneys in fact and the arbitrator, containing the name and qualification of the parties, the arbitrator and substitute, the purpose of the litigation, the approximate value, the responsibility for the payment of procedural costs and arbitrator fees, the place where the award will be handed down, as well as the other provisions agreed upon by the parties. Further, if such is the case, the authorization for the arbitrator to judge by ex aequo et bono, outside of the rules of law. 3.2 - The parties will sign the Term of Arbitration along with the appointed arbitrator and his or her substitute, as well as along with two witnesses. The Term of Arbitration will remain filed at the Chamber. The absence of the signature of any of the parties will not impede the regular processing of the arbitration. 3.3 - Then the arbitrator will establish a seven (7) day deadline for the parties to make statements on the allegations presented, they may add other documents that they find necessary. 3.4 - The proceedings will continue without the knowledge of the parties, provided that it, duly notified, is not present and has not obtained a continuance for the hearing. The award under no circumstances may be based on the absence of one of the parties. 4. The Hearing 4.1 - Should any supplementary explanation be necessary, the arbitrator will, within five (5) days time, after receiving the allegations (article 3.3), may set a date for a hearing, summoning the parties seven (7) days in advance, wherein the parties will be heard, and clarifications will be provided with regards to the proof produced. 4.2 - The hearing may also be held through a request from the parties, provided that they do so at the time they present their allegations (article 3.3) and when they have questions that they judge necessary to clarify. 4.3 - After the hearing set forth in the previous articles has been held, the parties will have three (3) days to present their final allegations. 5. Award 5.1 - After the presentation of the allegations (article 3.3) or the final allegations (article 4.3) the award will be rendered within twenty (20) days. 5.2 - The award will be issued in writing, signed by the arbitrator, necessarily containing: a) report, with the name of the parties and a summary of the litigation; b) the basis for the decision, which will be founded in questions of fact and law, with express clarification, when such is the case, for having been offered by ex aequo et bono ; c) the provision, with all of the specifications and deadline for the fulfillment of the decision, if such is the case; and d) the date, month, year and place where it was proffered. 5.3 - The award will also include the establishment of fees and procedural expenses, as well as the respective division, also observing what has been agreed upon by the parties in the arbitration clause or term of arbitration. 5.4 - Once the award has been proffered, that is the end of arbitration, the arbitrator should, through the Chamber, send a copy of the decision to the parties, through the mail or another means of communication, through proof of receipt, or further directly delivering it to the parties, through receipt, summoning it to be informed of the case at the office of the Chamber. 5.5 - Within five (5) days from receiving the notification or being personally aware of the award, the interested party, through communication to the other party, may request that the arbitrator clarify some obscure point, omission or contradiction in the award. 5.6 - The arbitrator will decide within five (5) days, editing the award, notifying the parties in accordance with what is set forth in article 5.4. 6. Fulfillment of the Award 6.1 - The award handed down is final, the parties being bound to fulfill it in the manner and deadline consigned. 7. The Parties and Attorneys in Fact 7.1 - The parties may be represented by attorneys in fact, or by a constituted attorney. 7.2 - Save an express provision to the contrary, all communication, notifications and summons for the procedural acts will be made to the attorney in fact appointed by the party. 7.3 - The constituted attorneys will enjoy all of the faculties and prerogatives assured to them by the legislation and by the Advocacy Statute and the Bar Association, and they should execute their mandate in strict observance to said rules and with high ethical conduct. 8. Notifications, Deadlines and Delivery of Documents 8.1 - For all purposes set forth in these Rules, the notifications will be made through registered letter or notary office. They may also, whenever possible, be made through fax, telex, e-mail or through the equivalent mean, with confirmation by the original documents or copies through registered main or courier service. 8.2 - The notification will determine the deadline for the fulfillment of the requested measure, this being counted by consecutive days. The date of the actual delivery of the notification will be considered for the countdown to the deadline. 8.3 - Any and all documents addressed to the arbitrator will be delivered and filed at the Chamber Office, in three (3) counterparts. 9. Arbitration Costs 9.1 - The Chamber will prepare a table for the costs and fees for the arbitrators and other expenses, establishing the manner and method of the deposits (ATTACHMENT I). 10. Miscellaneous 10.1 - The arbitrator will be responsible for interpreting and applying these Rules to specific cases, including existing gaps, in all matters concerning his or her powers and obligations. The arbitrator may, when necessary, apply the Chamber Arbitration Rules in a complementary manner. 10.2 - The provision in article 5 of the Chamber Arbitration Rules applies to the arbitrator. 10.3 - The arbitration proceedings are strictly confidential, prohibiting the members of the Chamber, the arbitrator and the parties themselves from releasing any information related to it, that they have had access to as a result of their role or participation in said proceedings. 10.4 - The Chamber may publish a Summary with excerpts of the award, always protecting the identity of the parties. 10.5 - When the parties are interested, and through express authorization, the Chamber will release the arward. 10.6 - The Chamber shall supply through written request, certified copies of the documents related to arbitration to any of the parties, necessary for the judicial action linked to the arbitration and/or the respective subject. 10.7 - These Rules approved as a statute on August 20, 1998, become effective on this date, substituting the previous rules, approved on May 22, 1995. 10.8 - Save any provision to the contrary of the parties, this rules applies to the procedures that enter from this date forward.