Guide to Regional Arbitration (volume 11 - 2023)

Chamber of Conciliation Mediation and Arbitration of São Paulo (CIESPFIESP)

Chamber of Conciliation Mediation and Arbitration of São Paulo (CIESPFIESP)

Professional notice

Paulista Avenue, 1313
8th floor
São Paulo, SP 01311-923
Brazil

Tel: +55 11 3549 3264 / +55 11 3549 3240
Email: [email protected]
Web: www.cmasp.com.br

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Sydney Sanches
President

A Chamber that contributed to the history of arbitration in Brazil 

The Chamber Ciesp/Fiesp is a leading dispute resolution center in Brazil and Latin America, maintained by two of the most respected and influential institutions in the Brazilian industrial sector: the Center of Industries of the State of São Paulo (Ciesp) and the Federation of Industries of the State of São Paulo (Fiesp).

The Brazilian Arbitration Act of 1996 was enacted with strong collaboration and support from Ciesp and Fiesp, and it is not an overstatement to say that the Chamber Ciesp/Fiesp, founded in May 1995, helped to shape arbitration in Brazil, in line with the highest international standards.

In its 28 years of activity, the Chamber has provided administration services to conciliation, mediation, dispute resolution boards, and arbitration (regular and expedited) proceedings involving contract-related disputes. As one of the leaders in the Latin-American market, The Chamber Ciesp/Fiesp has administered over 800 cases and receives around 55 new cases yearly and US$250 million worth in new disputes (statistics can be found online: https://www.camaradearbitragemsp.com.br/en/statistics.html).

The Chamber has administered cases from different contractual arrangements, including infrastructure and construction, energy, M&A and society disputes, joint ventures, franchising, international and national sale of goods. It also has extensive experience dealing with an array of cases involving Brazilian public entities and state-owned companies.

An independent and renowned team with vast international experience

The Secretariat and management teams have full autonomy and independence, following the best international practices. The Chamber is presided by former chief justices of the Brazilian Supreme Court (the Federal Supreme Court) Sydney Sanches and Ellen Gracie and counts with a suggestive list of arbitrators and mediators made up of renowned jurists and practitioners in both the Brazilian and international scenarios.

The Secretariat team is composed by lawyers with international backgrounds and education, and competent to administer proceedings in Portuguese and English. The Chamber has a strong international experience and has administered arbitration cases with parties from over 15 jurisdictions, under both its own Rules and under the UNCITRAL Arbitration Rules.

Modern set of rules on arbitration, experience with UNCITRAL Arbitration Rules and Code of Ethics

In addition to its modern Arbitration Rules, the Chamber also has specific rules concerning important aspects of complex arbitrations, such as emergency arbitrator, third-party funding, and publicity of cases involving the Public Administration and Entities. It also has a Code of Ethics, directing the expected behavior of all involved in dispute resolution and aiming to guarantee compliance with independence, impartiality, party autonomy, and diligence.

The Chamber has an Expedited Arbitration Rules (in force on March 17, 2021) and the Secretariat also has vast experience administering cases under the UNCITRAL Arbitration Rules.

State-of-the-art hearing centers and infrastructure for virtual hearings and digital proceedings

At its headquarters in São Paulo, the Chamber has two hearing centers with a capacity of 15 and 30 people in addition to a professional Secretarial, IT, and audiovisual support team, one mediation room, and four private reunion rooms for the parties’ use. In addition to that, the Chamber benefits from Ciesp/Fiesp’s general infrastructure with a restaurant and over 10 reunion and meeting rooms, three auditoriums, and a theater with capacities for up to 450 people.

It also has infrastructure and experience to conduct virtual hearings and all proceedings are administered digitally, by Chamber’s Portal: cma.ciesp.com.br/ciesp.

Regional service centers

In 2022, the Chamber began a Partnership program with the 42 Regional offices of CIESP, throughout the State of São Paulo, to expand the access to ADRs. It is possible to use  local rooms for mediation meetings and arbitration hearings in important cities countryside.

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