DENOMINATION AND LOCATION
OBJECTIVES
a) draft standard arbitration clauses, without prejudice to another, voluntarily chosen by the parties;
b) maintain relations with conciliation, mediation and arbitration institutions or bodies in Brazil or abroad, as well as enter into collaboration or mutual cooperation or partnership agreements through CIESP and/or FIESP;
c) exercise any activity related to, both, national and international conciliation, mediation and arbitration institutions.
ADMINISTRATION OF THE CHAMBER
3.1. The Presidency of the Chamber shall be exercised in accordance to the terms contained in this Regulation.
3.2. The Administrative Council shall comprise up to five members, jointly nominated by the Presidency of CIESP and FIESP.
3.3 The Thematic Council shall consist of a President, a Vice-President and Councilors, which shall not be less than five, and always an odd number.
3.4 The Secretary-General, under the Administration Council and the President of the Chamber, in accordance to the terms contained in this Regulation, shall be responsible for the operational adminstration of the Chamber.
a) administer and represent the Chamber, delegating powers as needed;
b) observe and demand observance of both this Regulation and the Rules;
c) assign the members of the permanent body of conciliators, mediators, arbitrators and dispute board members;
d) undertake other duties necessary for the compliance of this Regulation and the Rules;
e) appoint, consulted the Chamber´s Vice President, conciliators, mediators and arbitrators, whenever not established otherwise between the parties, considering the nature of the dispute, except to the provisiopns of item 4.1 of this Regulations and item 2.1 of the Interim Arbitrator Rules (established by the Presidency´s Resolution n° 04/21).;
f) issue supplementary and procedural rules to clarify questions on the application of this Regulation and the Rules regarding cases not covered herein;
g) undertake with the necessary alterations in the Rules, except to the provision of item 10.b of this Regulations;
h) establish, either ex officio or upon request, and preside administrative investigations in respect of the conduct of conciliators, mediators and arbitrators, proposing to the Thematic Council, as the case may be, their removal from the Chamber, assured the rights of defense;
i) attend, as a member, meetings held by the Thematic Council.
4.1. In the absence and/or impediment of the President of the Chamber, the nomination of conciliators, mediators or arbitrators and provided on item ‘e’ shall be jointly named by the President and the Vice-President of the Thematic Council, and by the Vice-President of the Chamber.
a) assist the President in the performance of his/her duties, in all relevant matters;
b) substitute the President in his absences and inability;
c) attend meetings held by the Thematic Council.
a) the coordination, supervision and orientation related to its attributions, promoting the strategic policy for the accomplishment of its objectives;
b) the organization, disclipine and norms editing, to assure the compliance with its purposes;
c) the promotion of its activities and dissemination of the alternative dispute resolution methods culture, contributing to social pacification;
d) the proposal to CIESP and FIESP of the signing of covenants and partnerships agreements, for the expansion of its activities, as well as the maintenance of the exchange with cultural, cientific and technological institutions, professional and collegial associations, public and private entities, aiming the development of alternative dispute resolution methods;
e) the proposal of strategic and planning actions to the Chamber;
f) the decisions related to any incidents and to any deliberations on consultations formulated by the Chamber´s President in the conciliation, mediation, arbitration and dispute board proceedings;
g) clarifying doubts and providing assistance to the Presidency of the Council on administrative decisions;
h) the homologation of the assignment of conciliators, mediators and arbitrators for the permanent body of the Chamber, pursuant to item 4.c of this Regulations;
i) the imposition of administrative measures for the removal of conciliators, mediators and arbitrators from the respective list, subject to item 4.i.
a) represent the Thematic Council and perform duties inherent to the Presidency;
b) designate and preside meetings, determining the necessary summonings;
c) delegate duties to the members of the Chamber’s Thematic Council.
a) assist the President in the performance of his functions, in all matters relevant to the Chamber’s objectives;
b) substitute the President in his absence and impediments.
a) submit proposals for the better functioning of the Chamber and the Thematic Council;
b) attend meetings, debates and deliberations of the Thematic Council.
a)Elaborate the Chamber´s annual budget and approve its expenses, with power to delegare such approval to the competent CIESP and FIESP departments;
b)Alter the Chamber´s schedule of costs and fees; and
c) assess proposals for the planning and better functioning of the Chamber.
a) ensure proper execution of the Chamber’s services, which includes providing information to the parties and their counsels, as needed;
b) receive and issue notifications and communications as stipulated under the Rules;
c) keep custody of the Chamber documents and updated records, by preserving its confidentiality;
d) arrange the payment of costs and fees, providing the parties with the relevant documentation.
12.1. The members of the Secretariat shall be remunerated and appointed by the Center of the Industries of the State of São Paulo – CIESP, among professionals specialized in the area.
13.1 The President, the Vice-President of the Chamber and the members of the Thematic Council shall not be remunerated, on any account, for the exercise of their attributions, which are deemed to be honorary positions.
CONCILIATORS, MEDIATORS AND ARBITRATORS
14.1 In the performance of their functions, conciliators, mediators and arbitrators shall be impartial, discrete, competent, diligent, and shall strictly observe the norms of the Code of Ethics.
15.1 The President, the Vice-President and the members of the Secretariat are barred from administrating eventual disputes they may have any personal interest.
São Paulo, February 10, 2023
Center of Industries of the State of São Paulo (Ciesp)
Rafael Cervone Netto
President
Federation of Industries of the State of São Paulo (Fiesp)
Josué Christiano Gomes da Silva
President