CAM-CCBC-Facts-and-Figures-Anual-Report-2022_web
CAM-CCBC-Facts-and-Figures-Anual-Report-2022_web
CAM-CCBC-Facts-and-Figures-Anual-Report-2022_web
Figures
The “CAM-CCBC’s Facts &
outline
MESSAGE FROM THE PRESIDENT 3 Experience With (And Within) Brazil 17
Figures” is a digital publication
About CAM-CCBC 4 Arbitrator Challenges 17
of CAM-CCBC’s most
important data and practices. Profile of Disputes 18
2022 HIGHLIGHTS – THE FACTS 5
The report aims to promote Types of Disputes 18
CAM-CCBC 2022 Arbitration Rules 5
transparency and to provide Business Sectors 19
the public with concrete data, CAM-CCBC Arbitration Congress and SPAW 6
Multi-Party 19
displaying an overview of Moot Courts Competitions 7
Arbitral Tribunals Constituted in 2022 20
CAM-CCBC’s key activities, The CAM-CCBC Pre-Moots 7
including statistics, institutional Gender Diversity 20
Incentive to Legal Education: Mock Courts Room 8
developments, and new Donated to the University of São Paulo Law School CAM-CCBC’s Efforts to Promote Gender Equality 20
regulations. 9 MEDIATION 21
ADR Development
Mediation with the Public Administration: CAM- 10 Number of Proceedings 21
CCBC Taskforce 21
Types of Disputes
CAM-CCBC
The New Generation of ADR practitioners 11
2022 FACTS & FIGURES Business Sector 21
2022 HIGHLIGHTS – THE FIGURES 12
Center for Arbitration and Mediation of the Chamber Amount in Dispute 22
of Commerce Brazil-Canada
CAM-CCBC’S CASELOAD 12
E-mail: cam@ccbc.org.br | website: camccbc.org.br Closed Cases 22
HEARINGS AT CAM-CCBC 13 Starting a Mediation 22
ARBITRATION 13
Total Arbitration Caseload 14
Closed Cases 15
Average Length 15
Message
from the President
2022 has been a year of great change for CAM- Asociación Latinoamericana de Arbitraje (ALARB)
CCBC. After over a decade of experience in and other major institutions and independent
applying the 2012 Arbitration Rules and the researchers.
challenges imposed by over 1.000 arbitrations, it
was time to revise the Rules. In October 2022, we had another memorable
edition of the CAM-CCBC Arbitration Congress and
I had the honor of witnessing the work and the Sao Paulo Arbitration Week, which allowed for a
actively contributing for over 3 years to the special long-awaited in-person gathering after two years of
commission constituted to revise our Rules. During virtual congresses.
the public consultation process, we received nearly
300 generous comments on the proposed draft. In the following pages, we invite you to learn more
All these contributions resulted in the 2022 CAM- about the core activities we conducted over the
CCBC Arbitration Rules, launched on October past year. All the institutional highlights and data
2022, during the 9th edition of the CAM-CCBC progression are the result of the unparalleled
Arbitration Congress. dedication of our staff, Board of Directors and
Advisory Board.
In force since November 2022, our Secretariat has
worked tirelessly to guarantee the adaptation of its As I step down as CAM-CCBC’s president, I hope
internal practices and we are now facing a brand- to leave behind a contribution to transparency,
new chapter of CAM-CCBC’s history. progress and social responsibility that will last for
several years to come. The road of development is
In 2022, CAM-CCBC remained conscious of its not always easy, but it is certainly worth it.
role to promote ADRs. Bearing this in mind, we
developed new institutional projects and worked Eleonora Coelho
towards improving our most traditional initiatives. President
ABOUT
The Center for Arbitration and CAM-CCBC’s experience has taken shape over the
years resulting in:
Mediation of the Chamber of
Commerce Brazil-Canada
CAM-CCBC
I. A unique case-management formula,
(CAM-CCBC) is the Latin certified in accordance with ISO 9001 –
American trendsetter the international standard for quality in
management systems.
in International Dispute
II. A cutting-edge set of rules and regulations,
Resolution. Seated in São Paulo, constantly updated in accordance with
Brazil, it has promoted and international best practice standards and the
administered ADR needs and expectations of users.
proceedings since 1979. III. Administration of proceedings according to the
UNCITRAL Arbitration Rules.
IV. Complete infrastructure in São Paulo (Brazil)
without extra costs – including a state-of-
the-art hearing center, mediation rooms and
meeting spaces.
V. Offices in Rio de Janeiro (Brazil).
VI. Full-time specialized Case Managers, fluent
in multiple languages and trained in CAM-
CCBC’s case-management style.
VII. Arbitrator and Mediator rosters comprised of
recognized experts from several jurisdictions.
2022 HIGHLIGHTS
THE FACTS
CAM-CCBC 2022
Arbitration Rules
The CAM-CCBC 2022 Arbitration Rules are the reflection of
arbitration’s evolution, gathering the best and most up-to-date
practices to ensure the best outcome possible for all the
administered disputes.
Scan QR Code
to acess the 2022
Arbitration Rules
The 2022 Rules - EFICIENCY
- CASE MANAGEMENT
provides for - FLEXIBILITY
CAM-CCBC
Arbitration
Congress and
SPAW
After two years of 100% online events, the Frederico Straube was a remarkable
CAM-CCBC Arbitration Congress has finally figure that played an important role in
returned to the face-to-face format. It was a the development of arbitration in Brazil
most celebrated and long-awaited reunion with and paved the way to CAM-CCBC’s
the public. internationalization process by supporting
ICCA initiatives, sponsoring the Willem
The IX CAM-CCBC Arbitration Congress had C. Vis Moot, and drafting the 2012 CAM-
more than 500 registered delegates and 25 CCBC Arbitration Rules in accordance with
speakers, divided into 5 panels. The event’s international standards.
program was carefully drafted in order to
provide quality debate and networking. Each The Congress itself followed several
year, the generous contribution of speakers, recommendations set forth by the Green
sponsors, institutional supporters, and the Protocol for Arbitration Conferences,
active engagement of attendees ensure and the event even received a carbon
the success of the CAM-CCBC’s Arbitration neutral certification. As a tradition, CAM-
Congress. CCBC Congress opened the São Paulo
Arbitration Week (SPAW) held between
The event marked the launch of the 2022 17 and 23 October 2022. A collaborative
CAM-CCBC Arbitration Rules. A panel featuring event conceived as an organized calendar
Adriana Braghetta (President of the Advisory for law firms, universities, associations
Board) and Luíza Kömel (Deputy Secretary and institutions to promote events in a
General) discussed the drafting process and productive environment in benefit of the
main adaptations of newly minted rules. development of ADRs. The 5th edition of
the SPAW featured a record number of 36
Eleonora Coelho also paid an emotional events in different parts of the city.
tribute to former CAM-CCBC’s President
Frederico Straube, who passed in June 2022.
2022 FACTS & FIGURES 7
Incentive to legal
education: moot This room not only represents
the honor of being able to
court room donated contribute to this University,
but it is aligned with the
to the University purpose of contributing to
Brazilian Legal Education and
of São Paulo Law the training of students who
are here and those who will
School come.”
Eleonora Coelho
President of the CAM-CCBC
From Left to right: Ricardo Aprigliano (CAM-CCBC’s VP), Eleonora Coelho (CAM-CCBC’s President),
From Left to right: Paula Forgioni, Floriano de Azevedo Marques, Cristiana Corrêa Conde Faldini, Eleonora
Ricardo Mair Anafe (Court of Justice of São Paulo President), Silvia Rodrigues Pachikoski (CAM-CCBC’s VP),
Coelho, Ana Elisa Bechara and Carlos Alberto Carmona.
José Rogério Cruz e Tucci and Patricia Shiguemi Kobayashi (CAM-CCBC’s Secretary General)
2022 FACTS & FIGURES 9
ADR
Development
“CISG, Brazil and Portugal” Book Launch. From left to right: Prof. Vera Fradera, Ingeborg Schwenzer, Luíza Kömel and Cesar Pereira
2022 FACTS & FIGURES 10
Mediation with
the Public
Administration:
CAM-CCBC Task
Force
In 2022, the CAM-CCBC launched the podcast
“Mediation with the Public Administration”. The
initiative was conceived by a task force constituted by
the Mediation Advisory Board, aiming to disseminate
and expand the practice of mediation with state
entities – both institutions and public companies - at
the federal, state and municipal levels.
VALUES
Leadership, Collaboration, Innovation, LEGAL WRITING COURSE FOR
Transparency, Diversity, Evolution. MOOT PARTICIPANTS
2022 HIGHLIGHTS
- THE FIGURES
ARBITRATION 115
EMERGENCY ARBITRATOR 1
MEDIATION 5
TOTAL 121
2022 FACTS & FIGURES 13
A R B I T R AT I O N
Hearings at
CAM-CCBC REMOTE HEARINGS IN-PERSON/HYBRID HEARINGS
hearings.
hearings were held, with 136 of them being held remotely and
30 in-person/hybrid. 29 Other hearings/meetings
It is worth noting that virtual hearings have proven to be an Along with the prevalence of remote hearings in arbitration proceedings, there was also a significant predominance of remote
effective and convenient alternative to in-person in many meetings in Dispute Board and Mediation proceedings. These alternative dispute resolution mechanisms have also adapted to the
cases, offering flexibility and cost savings for parties involved. Covid-19 pandemic by relying more heavily on online communication.
In Dispute Board cases, a total of 3 meetings were held, Similarly, in Mediation cases, a total of 35 meetings were
with all of them being held remotely. held, with the majority of them being virtual.
25 Individual meetings
with Parties
2022 FACTS & FIGURES 14
TOTAL
ARBITRATION
CASELOAD
Caseload Chart
At the end of 2022, CAM-CCBC reached the landmark figure
of 1,427 administered arbitrations.
141
YEAR PROCEEDINGS YEAR PROCEEDINGS
1989 1 2009 49
128
1993 1 2010 48 112 115 The chart shows consistent growth in
1994 1 2011 63 105 new cases filed per year over the last
101 decade. This increase reflects CAM-
95 98 97
1998 1 2012 64 CCBC’s expansion, focusing on Latin
90
1999 5 2013 90 American-based contracts. Over
2022, CAM-CCBC administered a
2000 5 2014 95
total of 438 arbitration proceedings.
2001 1 2015 112
63 64
2002 11 2016 98
2005 13 2019 97 27
2006 21 2020 105
21 18
1989 1993 1994 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022
2022 FACTS & FIGURES 15
20
2022 2020 R$ 16.2 BI
CLOSED BY % MONTHS 2021 R$ 7.3 BI
2022 R$ 7.9 BI
Arbitral Award 59%
Award by consent 11% THE AVERAGE LENGTH OF PROCEEDINGS IN 2022
Settlement Agreement 10%
AMOUNT IN DISPUTE AVERAGE (BRL)
Withdrawal 14% 2018 R$ 122.4 MI
Discontinuance (e.g. lack of
6%
2019 R$ 106.8 MI
payment of costs, consolidation)
2020 R$ 154.5 MI
2021 R$ 57.1 MI
2022 R$ 68.8 MI
2022 FACTS & FIGURES 16
Nationality of Parties
The CAM-CCBC registered cases in 2022 with parties from 11 different nationalities. Brazilian parties
represent 96.2% of the parties and the other 10 nationalities were as follows:
2022
WORLDWIDE
REACH
IRELAND NETHERLANDS
5.56% 5.56%
USA PORTUGAL
11.11% 22.22%
FRANCE CHINA
BRITISH VIRGIN ISLANDS 16.67% 5.56%
16.67% UNITED ARAB EMIRATES
5.56%
URUGUAY
5.56%
ARGENTINA
5.56%
2022 FACTS & FIGURES 17
Arbitrator
EXPERIENCE WITH
(AND WITHIN) BRAZIL
RR
Challenges
AM The number of special committees constituted in 2022 to
PA MA CE decide on arbitrators’ challenges was the largest one yet.
RN
While in 2020 only 4 decisions were rendered and, in 2021,
Brazilian Parties AL
PE a mere 3, there were 10 special committee decisions on
arbitrators’ challenges rendered in 2022. On a more global
Parties come from different regions within Brazil: BA
perspective, however, since the CAM-CCBC administered
MT SE 438 arbitration cases in 2022 (the largest number of cases
administered in a year), special committees were constituted
CASES REGISTERED IN 2022
PROFILE OF DISPUTES
The arbitration proceedings initiated in 2022 registered disputes that took on
average between 5 and 6 years from the execution of the underlying agreement
signed by the parties until the request for arbitration was filed.
Types of Disputes
Corporate disputes involving shareholders’ agreements and share purchase
agreements were the most common types of disputes submitted to arbitration
under the CAM-CCBC rules in 2022, representing more than a third of all
cases. Business contracts and construction projects were the second and third
most common types of disputes, respectively.
TYPE OF DISPUTE %
Concession Contracts 3
Business sectors
CAM-CCBC is known for administering disputes from a wide variety of business sectors. The Secretariat has experience managing complex cases that
may arise from a broad spectrum of industries, from deep-sea drilling activities to banking or biochemical transactions.
2022
1.
2.
Construction and Infrastructure
Health 11%
13% Multi-Party
3. Energy 10% In 2022, 64.35% of the new cases involved multiple parties as
4. Professional Services 10% Claimants and/or Respondents. The 2022 cases involved a total of
470 Claimants and Respondents.
5. Real Estate 9%
6. Banking and Finance 7%
64.35% 470
7. Agriculture 6%
8. Chemical Industry 5%
9. Oil and Gas 4%
OF NEW CASES OVERALL NUMBER
10. Food and Beverages 3% INVOLVED MULTIPLE OF PARTIES
11. Hotel Chains and Leisure 3% PARTIES AS CLAIMENT
12. Machines and Equipment 3% AND/OR RESPONDENT
13. Sanitation and Waste Treatment 3%
14. Sports 3%
15. Transportation and Logistics 3%
16. Education 2%
17. Insurance 2%
18. Telecommunications and IT 1%
19. Others 1%
2022 FACTS & FIGURES 20
2005 1
BUSINESS SECTOR NUMBER OF PROCEEDINGS
2006 1
40%
2009 1
2010 4 16
15
CONSTRUCTION AND INFRASTRUCTURE
2012 4
14
20%
2013 3
9 9 ENERGY
2014 9 8
2015 2
5
4 4 4
3
2
20%
2016 16
2017 9
1 1 REAL STATE
2018 4
2006 2009 2010 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022
20%
2019 8
2022 5
2022 FACTS & FIGURES 22
Withdrawn 28,6%
CAM-CCBC
ELEONORA RODRIGO GARCIA SILVIA RODRIGUES RICARDO ADVISORY BOARD MEDIATION ADVISORY BOARD
COELHO DA FONSECA PACHIKOSKI APRIGLIANO
PRESIDENT VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT President President
Adriana Braghetta Vera Cecília Monteiro de Barros
Vice-President Members
Carlos Suplicy de Figueiredo Forbes Adolfo Braga Neto
Alexandre Palermo Simões
PERMANENT MEMBERS
Amedeo Papa
Carlos Suplicy de Figueiredo Forbes
Diego Faleck
Fábio Nusdeo
PATRICIA LUIZA ANA FLÁVIA CRISTIANE SILVIA Silvia Maria Costa Brega
KOBAYASHI KÖMEL FURTADO GERTEL SALATINO José Carlos de Magalhães
SECRETARY GENERAL DEPUTY SECRETARY INSTITUTIONAL SECRETARIAT SECRETARIAT Silvia Rodrigues Pachikoski
GENERAL DEVELOPMENT ADVISOR COORDINATOR COORDINATOR Marcos Paulo de Almeida Salles
ELECTED MEMBERS
Adriana Braghetta
CAM-CCBC’S TEAM
Antonio Luiz Sampaio Carvalho
Carlos Alberto Carmona
Gilberto Giusti
Hermes Marcelo Huck
João Bosco Lee
Paula Forgioni
Pedro Antônio Batista Martins
Selma Maria Ferreira Lemes