Regulamento - EN
Rules of the FGV Chamber of Conciliation and Arbitration
Effective since november 2010
Preamble
Rooted in the universal movement of access to justice, the use of extrajudicial means to solve conflicts is perceived by almost all legal scholars as an important mechanism to accomplish the fundamental objective of matching the complexity of modern life with traditional tools for solving conflicts.
Among the available sources of alternative dispute resolution methods, arbitration excels. In Brazil, a new Arbitration Act (Law 9307, dated September 23, 1996) created the conditions for an effective use of arbitration, which, previously, had been infrequently used and often descredited due to the rules of the Civil Procedure Code then applicable.
Arbitration and mediation are in accordance with the fundamental principles of the Brazilian Constitutional Law. The Brazilian Federal Constitution, which elects as a fundamental principle the peaceful resolution of disputes in international matters (Art. 4, VII) and which treats social solidarity as a basic objective of the Republic (Art. 3, I), implicitly encourages the use of amicable methods in the solving of disputes and, in the failing of such methods, encourages a submission of the conflict to an arbitral tribunal freely chosen by the parties involved.
To assuring the proper use of the two methods of conflict solving, mediation and arbitration, it is important to set up chambers of mediation and arbitration related to institutions, whose activities in the national life, have assured them the respect and trust of their communities.
In this regard, Fundação Getulio Vargas, in line with its core purpose of collaborating to the find solutions to basic problems related to the economic development and the welfare of the nation (Art. 2, I of the FGV By-laws), has decided to add to the services provided by it, as part of its organizational structure, a Chamber of Conciliation and Arbitration, that shall rely on the solid knowledge and experience gathered by FGV throughout its long existence.
CHAPTER I
Organization of FGV Chamber of Conciliation and Arbitration
Section I – Objective
Art. 1 – The FGV Chamber of Conciliation and Arbitration ( hereafter referred to as “FGV Chamber”), a body belonging to the organizational structure of Fundação Getulio Vargas, is charged with the purpose of administering conciliations and arbitrations procedures that may be submitted to it, in accordance with the present rules and regulations of the FGV Chamber.
Section II – Administration of the FGV Chamber
Art. 2 – The FGV Chamber is administered by a Governing Board formed by a chairman, two vice-presidents, one executive director and one legal director.
Sole Paragraph – The chairman of Fundação Getulio Vargas shall be the chairman of the FGV Chamber. The chairman of the FGV Chamber shall appoint the vice-presidents from among the members of Fundação Getulio Vargas Board of Directors. The executive director and the legal director, who shall each have a renewable term of office of three years, shall be appointed by the Chairman of the FGV Chamber and subject to approval by the Board of Directors of Fundação Getulio Vargas.
Art. 3 - The Chairman of the FGV Chamber shall be empowered to:
a) conduct the superior administration of the FGV Chamber, according to the basic principles established by the Board of Directors;
b) coordinate and supervise the activities of the members of the Governing Board;
c) ensure the application of the Rules of the FGV Chamber and other normative acts;
d) enact supplementary normative acts to these Rules;
e) amend the Rules of the FGV Chamber;
f) approve precepts regulating the payment of costs and administrative expenses, the fees of the conciliators, arbitrators and other professionals involved in the proceedings, as well as approve the respective price tables which, in the case of fees, may serve as indicative yardsticks;
g) represent the FGV Chamber before third parties;
h) call and preside over the meetings of the Governing Board and the Permanent Panel of Conciliators and arbitrators, as well as establishing the day’s agenda;
i) appoint and discharge members of the Permanent Panel of Conciliators and Arbitrators;
j) assign to the vice-presidents specific tasks and designate the order by which they shall substitute the chairman in case of absence or temporary impediment;
k) designate a substitute for any of the two directors, in case of absence or temporary impediment.
Art. 4 – The vice-presidents shall assist the chairman in his activities, perform specific tasks which have been assigned to them by the chairman, and replace him in his absences and impediments.
Art. 5 – The executive director shall be empowered to:
a) organize and administrate the Secretariat, who shall be responsible for the services of administrative support necessary to the functioning of the FGV Chamber;
b) set up procedures and routines to be followed by the Secretariat;
c) accept requests for conciliation and arbitration procedures and reject those which do not fulfill all the admissibility requirements;
d) administrate the financial resources that pass through the FGV Chamber;
e) recommend to the chairman the updating of the tables of expenses and fees;
f) appoint conciliators and arbitrators.
Art. 6 - The legal director shall be empowered to:
a) issue an opinion on all relevant legal matters related to the activities of the FGV Chamber;
b) prior to the chairman’s decision, advise on the solution of doubts arising from the interpretation of the Rules and of any other normative acts issued by the FGV Chamber;
c) prior to the chairman’s decision, advise on the matters set forth in letters (d) and (e) of article 3;
d) issue an opinion on other legal matters which are submitted to him by the chairman;
e) act as secretary to the meetings of the Governing Board and of the Arbitration Commission.
Section III – Permanent Panel of Conciliators and Arbitrators
Art. 7 – The FGV Chamber shall have a Permanent Panel of Conciliators and Arbitrators chosen among persons of noted knowledge, recognized professional capacity, professional experience and unquestionable reputation, who, upon accepting his/her designation, shall be entitled to engage in conciliation and arbitration proceedings on behalf and to the benefit of the parties involved in the dispute.
§ 1º – The Permanent Panel of Conciliators and Arbitrators shall include a “Group of Experts” for financial and capital matters, such as:
a) investment fund and securities portfolios;
b) public offering for distribution and acquisition of securities;
c) specific services to the capital market such as custody of stock certificates and other assets, as well as the controlling of investment funds and securities portfolios;
d) activities or products of the private banking segment;
e) bonds and derivatives contracts, in general;
f) project finance, including contracts aiming at the structuring of financing operations and/or operations in the capital market for financing infrastructure projects;
g) structured and syndicated loans;
h) advisory services regarding matters related to the securities market;
i) administration or management of investment funds and portfolios;
j) acquisition of control or a major interest and corporate restructuring of publicly-held corporations;
k) securitization of receivables;
l) any legal business involving negotiations in the sphere of the organized over-the-counter market.
§2º - In arbitrations intended to deal with matters mentioned in paragraph 1, the single arbitrator or the chairman of the Tribunal must be a member of the “Group of Experts”. The same proviso shall apply to the conciliations submitted to the FGV Chamber.
§3º – As provided for in these Rules, whenever it is the role of the FGV Chamber to appoint a conciliator or arbitrator with regard to the matters mentioned in paragraph 1, the appointment shall meet the following order of preference:
a) member of the “Group of Experts”;
b) member of the Permanent Panel who does not belong to the “Group of Experts”;
c) person who is not a member of the Permanent Panel, in this case with due attention to the proviso of article 9, paragraph 1, letter a) of these Rules.
§4º - The members of the Permanent Panel of Conciliators and Arbitrators shall not receive any remuneration whatsoever from Fundação Getulio Vargas.
Art.8 - The Permanent Panel of Conciliators and Arbitrators shall meet, whenever convened under the chairmanship of the chairman of the FGV Chamber, to address matters relative to the Chamber. The meetings shall be installed with the presence of at least five (5) of its members.
Art.9 - Six (6) members of the Permanent Panel of Conciliators and Arbitrators are appointed by the chairman of the FGV Chamber to form the Arbitration Commission, three (3) of them as incumbent members and three (3) as alternate members.
§1º – The Arbitration Commission is the link between the FGV Chamber and the Permanent Panel of Conciliators and Arbitrators and shall be empowered to:
a) approve, in specific cases, the appointment of conciliators and arbitrators of nonmembers of the Permanent Panel of Conciliators and Arbitrators;
b) deliberate on the replacement of arbitrators in the case set forth in Art. 35 of the present Rules;
c) make suggestions to the chairman of the FGV Chamber that seek to improve the activities of the FGV Chamber and the arbitration procedures;
d) prior to the decision of the FGV Chamber, advise about the possibility of a conflict of interest concerning the arbitrator, pursuant to article 33 of these Rules;
e) deliberate on a petition for the rejection of an arbitrator;
f) issue an opinion about any matter submitted to it by the chairman of the FGV Chamber.
Art.10 - When appointed to act in procedures handled by the FGV Chamber, the members of the Panel of Conciliators and Arbitrators shall freely agree on their fees, having as a benchmark the table of fees suggested by the FGV Chamber. Immediately after the installation of the Arbitral Tribunal, the proposal shall be submitted by the Director of the FGV Chamber to the concerned parties.
Art.11 - In those cases in which the director of the FGV Chamber may function as arbitrator, he shall be replaced by a member of the Arbitration Commission in his functions as director of the FGV Chamber that are related to the arbitration procedure in which he is involved.
CHAPTER 2
General Provision on Conciliation and Arbitration
Art. 12 - Any matters related to disposable assets rights may be settled by means of conciliation and arbitration at the FGV Chamber.
Sole paragraph – The arbitration may be conducted under the rules of law or in equity, at the discretion of the parties, who may also agree that the arbitration be held under the general principles of law, usages and customs or under the rules of international trade.
Art. 13 - The parties who choose to submit any dispute to conciliation or arbitration at the FGV Chamber shall be bound by these Rules.
Art. 14 - The provisions of these Rules governing arbitration may be changed in accordance with the wording of the arbitration clause or contained in the terms of arbitration, the enforcement of such changes being limited to the specific case.
CHAPTER 3
Conciliation
Art. 15 – Any party willing to resort to a conciliation proceeding shall address a request to that effect in writing to the FGV Chamber, in which it shall indicate the facts and legal arguments supporting its claim, attaching to such request the relevant documentation.
Sole Paragraph – Together with the original request, the requesting party shall provide as many copies as the number of claimed parties, in addition to a copy for the FGV Chamber.
Art. 16 – Once the request has been received and the payments of costs and fees in accordance with the tables of the FGV chamber have been paid, the FGV Chamber shall send copies of the request and the supporting documents to the respondent party or parties, notifying them about the attempted conciliation. Conciliation shall be considered accepted if the respondent party or parties submit in writing a response to the request within fifteen (15) days after receipt of notification, along with the relevant documents and proof of payment of 50% (fifty percent) of the administrative costs owed to the FGV Chamber.
Art. 17 – Within 15 (fifteen) days notice of agreement by the respondents of the conciliation request, the parties shall appoint a sole conciliator, preferably among the members of the Permanent Panel of Conciliators and Arbitrators, and mandatorily from among the Group of Experts if the issue addresses matters related to the financial and money markets. If the chosen conciliator does not belong to the Permanent Panel of Conciliators and Arbitrators, his/her nomination shall be approved by the executive director of the FGV Chamber.
Sole Paragraph – If the parties do not agree upon the nomination of the conciliator within the term set forth in this article, the executive director of the FGV Chamber shall appoint a conciliator from among the members of the Permanent Panel of Conciliators and Arbitrators or of the Group of Experts, as the case may be.
Art. 18 – Unless otherwise agreed, the fees of the conciliator, established in accordance with the suggested table of the FGV Chamber, shall be equally divided between claimant(s) and respondent(s). The fees shall be deposited to the order of the FGV Chamber before the commencement of the proceedings.
Art. 19 – The conciliator may hear the parties one or more times, jointly or separately, may request clarification or supplementary documents and may take any measures deemed necessary in order to receive more information about the case.
Art. 20 – Within fifteen (15) days of considering him/herself sufficiently informed, the conciliator will present to the parties the conditions deemed conducive to a settlement, seeking to persuade them to agree with the suggested conditions.
Art. 21 - The conciliation shall terminate:
a) if the conciliator’s fees have not been paid within fifteen (15) days after the commencement of the conciliation proceeding;
b) upon the execution by the parties of a settlement agreement containing the conditions for solution of the dispute;
c) at the request of the conciliator, upon notification to the parties, whenever he/she understands that there are no conditions that may lead to a settlement agreement;
d) by the initiative of any party, upon notification to the conciliator about the decision to no longer pursue the proceeding.
Art. 22 - If the conciliation proceeding is terminated without a settlement agreement, the parties shall be free to adopt any measure deemed applicable to their interests, including referring the dispute to arbitration.
Art. 23 - No fact or circumstance disclosed or occurring during the conciliation proceeding shall impair the right of any of the parties in any arbitration or judicial claim subsequent to the frustrated conciliation.
Art. 24 - In any judicial or arbitration proceedings which are related to a conflict subjected to conciliation:
a) the conciliator may not act as an arbitrator or expert;
b) the parties may not request the attendance of the conciliator as a witness.
Art. 25 – The parties may, by mutual agreement, exclude the impediments set forth by article 24 of these Rules.
Art. 26 – In any judicial or arbitration proceeding related to the object of conciliation, the parties cannot:
a) disclose any proposal or suggestion which has been made by either party or the conciliator aiming at reaching a settlement;
b) allege that, throughout the conciliation proceeding, any of the parties has indicated to be willing to accept a proposal of agreement.
Art. 27 - In the conciliation the parties may be assisted or represented by persons of their own choice.
Art. 28 - A certified copy of the settlement agreement shall be kept on file for three (3) years at the FGV Chamber and may only be disclosed to the parties or the conciliator. After hearing the parties, the conciliator shall determine the destination of documents and other pieces of information handled by him during the proceeding.
CHAPTER IV
Section I – Arbitrators
Art. 29 - Whenever the parties have agreed that the dispute shall be settled by a single arbitrator, they may mutually agree to the appointment of such arbitrator. In case there is no agreement to do so within fifteen (15) days from the date of receipt of response of acceptance of arbitration in accordance with article 39 below, the single arbitrator shall be appointed by the executive director of the FGV Chamber.
Art. 30 – Whenever the parties have agreed that the dispute be settled by three (3) arbitrators, in the request of arbitration the claimant(s) shall appoint one arbitrator and the other party/parties, in the response of acceptance, shall appoint another arbitrator. The choice of the third arbitrator, who shall preside the proceedings, shall be made by the executive director, unless the parties have agreed that the choice be made by the other two (2) arbitrators.
§1º - In the lack of appointment of any of the arbitrators as provided for by this article, or should the parties not agree to the single arbitrator, the appointment shall be made by the executive director of the FGV Chamber.
§2º - In the case of arbitration with multiple claimants and/or respondents, each of the poles shall mutually agree to one (1) arbitrator. Where there is no such agreement, the executive director of the FGV Chamber shall appoint all members of the arbitral tribunal.
Art. 31 – If the parties fail to indicate the number of arbitrators that may form the arbitral tribunal, the FGV Chamber shall decide whether the dispute shall be submitted to one (1) or three (3) arbitrators, taking into consideration the complexity of the case, the number of involved parties and the economic value of the conflict.
Art. 32 – The executive director of the FGV Chamber shall nominate the arbitrators.
§1º - Whenever the parties designate an arbitrator from among the members of the Permanent Panel of Conciliators and Arbitrators, such appointment shall prevail.
§2º - The designation of an arbitrator who is not a member of the Permanent Panel of Conciliators and Arbitrators shall be previously approved as provided by article 9 of these Rules. If the approval is denied, the process of designation of the arbitrator shall be repeated within ten (10) days from the date of the refusal of the first name.
§3º - In case the parties have decided to delegate the appointment of an arbitrator to a third party, prior to the signature of the terms of reference, the FGV Chamber shall request that this appointment be made as provided by this article. If the third party fails to appoint the arbitrator within the period of time ascribed by the FGV Chamber, the FGV Chamber shall appoint the arbitrator.
§4º - Where the FGV Chamber is to indicate an arbitrator, the choice shall preferably be a member of the Permanent Panel of Conciliators and Arbitrators; nevertheless, in special cases a person who is not a member may be appointed, as observed in the provision of article 9 of these Rules.
§5º - The appointed arbitrators shall, within a period of 10 (ten) days after the indication, confirm their acceptance. If an arbitrator does not confirm his acceptance within such time limit, the process of appointment shall be repeated.
Art. 33 – Shall be prevented from acting as an arbitrator:
a) persons who have had with the parties or with the dispute any link that, pursuant to article 134 and 135 of the Code of Civil Procedure, represent an impediment or suspcion of an impediment by the judges;
b) persons who have acted as conciliators in the dispute, observing, in this case, the provisions set forth in article 24 of these Rules;
§1º - The impediment or suspicion of an arbitrator shall preclude his/her nomination, or, whenever verified during the course of the arbitration, shall lead to the arbitrators replacement.
§2º - At the time of the appointment, the arbitrators shall inform the FGV Chamber about any circumstance that may be considered susceptible of endangering their impartiality. The FGV Chamber shall provide such disclosure to the parties, who shall manifest themselves within five (5) days time. After the expiration of this period, with or without the manifestation of the parties, the executive director, after having heard from the Arbitration Commission, shall decide if there is an impediment. If an impediment is considered to exist, a new arbitrator shall be appointed according to the same procedure previously used.
§3º - The impediment or suspicion of arbitrators may be declared by the executive director of the FGV Chamber, ex officio or upon request by any of the parties involved, after having heard the arbitrator and the Commission mentioned in article 9 of these Rules.
Art. 34 – In case of death, incapacity, absence, supervening impediment or resignation of an arbitrator, the FGV Chamber shall grant the party who had appointed the arbitrator a period of ten (10) days to designate a new arbitrator who shall be appointed pursuant to the provisions of article 32 of these Rules. If the appointment is not made in the ascribed time limit, the executive director of the FGV Chamber shall appoint a substitute.
Art. 35 – The executive director of the FGV Chamber, after having heard the arbitrators and, if he thinks necessary, the parties, may proceed, based on the deliberation of the Arbitration Commission contemplated in article 9 above, to replace the arbitrator who does not perform his/her obligations in accordance with these Rules orunjustifiably fails to comply with the procedure deadlines.
Sole Paragraph – Having decided the replacement of an arbitrator, the appointment of a substitute shall follow the same procedure which has been adopted in the appointment of the replaced arbitrator.
Section II – Commencement of Arbitration
Art. 36 – The party wishing to resort to arbitration shall request it to the FGV Chamber in writing, which shall necessarily contain:
a) the full names, qualifications and addresses of the parties;
b) the subject of the dispute and, if it is so wished, a brief description of the arguments supporting the claim;
c) the amount attributed to the dispute by the claimant;
d) the appointment of an arbitrator, as the case may be.
§1º - It shall be attached to the arbitration request proof of the payment due for the commencement of the arbitration proceedings;
§2º - In case there are any terms of reference or arbitration clause in separate documentation, they shall be attached to the request for arbitration;
§3º - Together with the original, the claimant shall provide as many copies of the request as are the number of respondent parties and members of the arbitral tribunal, as well as a copy for the FGV Chamber.
Art. 37 – Upon acceptance of the request for commencement of the arbitration by the FGV Chamber, the Secretariat shall arrange for the distribution of copies of the request to all respondents and invite them to submit their answer in writing within ten (10) days. On this occasion each respondent shall briefly submit the object of the counterclaim, if any, the value attributed to it and, if desired, a brief presentation of the reasons that support such counterclaim.
Sole paragraph – A brochure of these Rules as well as a list of the members of the Permanent Panel of Conciliators and Arbitrators shall be attached to the copies of the request.
Art. 38 – Even if there is more than one respondent, they shall appoint a single arbitrator in the response of acceptance of the arbitration, in accordance with the provision of article 30 paragraph 2.
Art. 39 - In case the respondent either refuses to submit to arbitration or, having so accepted, fails to accomplish the arbitration terms of reference referred in article 41, the claimant may, at his/her discretion and within the period of ten (10) days counted from the date of reception of the notification made by the FGV Chamber, request the commencement of the arbitration proceedings, provided that the arbitration clause states that such arbitration ought to be administered by the FGV Chamber.
§1º – In the case of the option contained in this article, the claimant shall submit to the FGV Chamber a terms of reference draft that observes the proviso of the arbitral clause and the wording of article 41 of these Rules and whose content shall be approved by the Chamber executive director.
§2º - In case the claimant does not agree with any possible amendment inserted in the draft by the executive director of the Chamber, he shall declare the termination of the arbitration.
§3º – Should the arbitration procedure be continued according to this article, the Executive Director shall appoint the arbitrator as if the arbitrator were designated by the respondent who, being in default, shall be notified of all procedural acts. The respondent may join the arbitration at any time, and his/her absence in the procedure does not lead to the effect mentioned in article 310 of the Civil Procedural Code.
Art.40 – Upon receipt of the answer to the request of arbitration, the Executive Director shall nominate the arbitrators and shall summon the parties and the appointed arbitrators in order to sign, jointly with two witnesses, the arbitration terms of reference, within ten (10) days period of time.
Art. 41 – The arbitration terms of reference shall necessarily contain:
a) name, profession, marital status, and residence of the parties and their mailing addresses to which all summons and communications shall be sent;
b) name, profession and residence of the arbitrators and, if the case may be, the nomination of the president of the arbitral tribunal;
c) the matter subject to the arbitration proceeding;
d) the place(s) where the arbitration proceedings shall be held, and the place where the arbitration award shall be issued;
e) the time limit for issuing the arbitration award;
f) the amount of the claim;
g) a statement signed by the arbitrators in accordance to article 33 of these Rules stating that they do not have any impediment whatsoever;
h) the amount of the arbitrators fees and form of payment;
i) a statement on the liability for payment of chamber costs, fees and expenses with the arbitration proceeding;
j) any change in the arbitration proceedings agreed on by the parties.
Sole paragraph – The arbitration term may also include:
a) an authorization for the arbitrator or arbitrators to decide by equity;
b) the choice of the national law and other norms applicable to the arbitration proceeding, as agreed between the parties;
Art. 42 – The costs of the arbitration proceeding shall be deposited at the Secretariat of the Chamber on the date determined on the occasion of the signature of the terms arbitration.
Sole paragraph – If, prior to the signing of the terms of reference, the parties reach a settlement or the claimant decides not to pursue the arbitration, costs and fees of the arbitration proceeding shall be only partially charged.
Section III – Arbitral Proceeding
Art. 43 – Once the terms of arbitration have been signed, the tribunal will grant to the claimant a term of no longer than fifteen (15) days to present the arguments supporting its claim, accompanied by the documents deemed necessary.
Sole paragraph – The arguments and documents shall be presented in as many copies as the number of respondents and members of the arbitral tribunal plus one to the Secretariat of the FGV Chamber.
Art. 44 – Once the arguments of the claimant have been received, they shall be sent to the respondents who shall be granted a term of no longer than fifteen (15) days to present their response, which shall be accompanied by the supporting documents deemed necessary.
§1º - When there are multiple respondents, a single response may be presented by all of them within the common term of fifteen (15) days.
§2º - The respondents shall submit the reasons for a counterclaim, if the case, within the same time limit established in paragraph 1.
§3º - Once the reasons for the counterclaim have been submitted, the claimant shall be notified in order to respond within the same time limit of fifteen (15) days.
Art. 45 - In presenting their reasons the parties shall indicate the evidence they intend to disclose.
Art. 46 - When the time limit ascribed to the parties to present their arguments has expired and the arbitral tribunal considers unnecessary the submission of further evidence or oral hearings, the arbitral tribunal shall render its decision without further delay.
Art. 47 - If the arbitral tribunal considers to be necessary the presentation of evidence, it shall determine the manner through which such evidence shall be produced within a ten (10) day limit.
Sole paragraph – The parties shall have the right to follow the procedures of evidence presentation, including the right to submit questions to witnesses and experts.
Art. 48 – When the phase of producing evidence is finished, a date shall be determined for a hearing in which the parties may present their final allegations, in the case that such a date had not been described in the terms of reference.
Section IV – Arbitration Award
Art. 49 - The arbitral award shall be offered up to sixty (60) days after the closing of the time limit for presentation in writing of the final allegations, the arbitral tribunal being allowed, if there is a justified motive, to extend such time limit to a maximum of thirty (30) days.
Art. 50 - The arbitral award shall reflect a majority of votes, each arbiter being allowed one vote. The divergent arbiter shall justify his dissenting vote, which shall be included in the award.
Sole Paragraph – With the expiration of the time limit mentioned in this article, either party may notify the arbitral tribunal, granting it a term of ten (10) days to proffer and present the arbitration award, under the penalty of termination of the arbitration proceeding.
Art. 51 - The chairman of the arbitral tribunal shall compose the arbitral award. The signature of the majority of the members of the arbitral tribunal makes the award effective.
Art. 52 – The arbitral award shall necessarily contain:
a) the report, including the name of the parties and a summary of the dispute;
b) the grounds for the decision, with express indication, when applicable, that it has been proffered in equity;
c) the provision whereby the dispute submitted by the parties shall be solved;
d) the date and place of signature.
§1º - The arbitration award may fix a date for its fulfillment;
§2º - The arbitration award shall assign the liability for the payment of costs and fees, including expenses incurred by arbitrators and any experts appointed by the arbitral tribunal and the FGV Chamber administrative costs, as well as reasonable expenses incurred by the parties in their defense, as observed in the provision mentioned in letter (i) of article 41 of these Rules.
Art. 53 – Within five (5) days counted from the rendering of the arbitration award and provided that the other party is duly notified, each party may request the arbitral tribunal to:
a) correct any material error in the arbitral award;
b) clarify any obscurity or contradiction contained in the arbitral award;
c) decide about any omitted issue that should have been addressed in the award.
Sole paragraph – the arbitral tribunal shall decide within ten (10) days, notifying the parties in writing of the decision and amending, if the case may be, the arbitral award.
Art. 54 – At its own initiative or as requested by the parties, the arbitral tribunal may render partial awards or decisions dealing with incidental matters to the proceedings.
Section V – Conciliation During the Arbitral Proceeding
Art. 55 – If all parties to the dispute express their intention to conciliate during the arbitration proceeding, the arbitral tribunal shall discontinue the proceedings and pursue conciliation as stated in Chapter Three of these Rules and, with the chairman of the arbitral tribunal acting as conciliator, whom will establish a deadline for the conciliation to be achieved.
Art. 56 – If the conciliation is achieved, the arbitral tribunal shall ratify the agreement and shall render an arbitration award which, to the extent possible, shall meet the provisions set forth in article 52 of these Rules.
Art. 57 - Failing the parties to reach an agreement within the time limit set up by the chairman of the arbitral tribunal, the arbitration process shall proceed.
Section VI – Procedural Terms
Art. 58 – Time limits set out in these Rules are continuous, unless otherwise decided by the arbitral tribunal.
§1º - Time limits shall be counted excluding the first day and including the expiration date.
§2º - Time limits start to run on the first business day after the parties have been notified.
Art.59 - The arbitration process shall be concluded, at the latest, in one hundred and eighty (180) days from the date of the signature of the terms of reference.
Art. 60 - All time limits foreseen in these Rules may be justifiably altered by the arbitral tribunal.
Section VII – Secrecy
Art. 61 – The proceedings of conciliation and arbitration shall be conducted in strict confidentiality, and the members of the FGV Chamber, conciliators, arbitrators, the parties and any other person involved in the process shall not disclose any information to which he/she had access to during the proceedings.
Art. 62 - The arbitral award and the transaction conditions referred in article 21 letter (b) of the Rules may only be disclosed with the consent given by all parties or when necessary for its respective enforcement.
Section VIII – General Provisos
Art. 63 -The provisions set forth in these Rules shall be interpreted by conciliators and arbitrators having in view the purposes of celerity and informality sought by the parties in their resort to conciliation and arbitration.
Art. 64 - The chairman of the arbitral tribunal shall decide on any issues not covered by these Rules, observing the objectives of celerity and informality, using as a supplementary resource the provisos set out in the Civil Procedure Code.
