Fiesp and Ciesp last week signed a note in support of the CBAr (Brazilian Arbitration Committee) against a bill that changes mediation in judicial proceedings.
Another 38 organizations, including the OAB, Amcham, FGV and the country’s law institutes endorse the committee’s position.
In progress in the Chamber of Deputies, the text limits the number of cases in which an arbitrator can act, with a maximum of ten cases at the same time. The idea of the project is to break with a possible market concentration. The text also creates a provision that obliges the Arbitration Chamber to publish the composition of arbitral tribunals, the value and merits of the dispute.
As soon as the mediation is concluded, the bill proposes, the full sentence must be disclosed, and the process only continues in secrecy if the party presents a justification. CBAr states that without this confidentiality, confidential information from companies can be exposed in the market, but deputy Margarete Coelho (PP-PI), author of the project, says that this is a way to create jurisprudence within arbitration and make the system transparent .
An urgent request is waiting to be voted on in the coming days, which would run over the discussion of the topic in the CCJ (Constitution and Justice Commission) of the Chamber.
Joana Cunha with Paulo Ricardo Martins and Diego Felix
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