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Onde você está: Arbitration Center of ABPI | Presentation

ARBITRATION AT THE ABPI CENTER OF ARBITRATION


The CArb-ABPI is the Arbitration Center of ABPI (Brazilian Intellectual Property Association). ABPI is a nonprofit association specialized at the study of Intellectual Property, notably patent, trademark, competition and copyright laws, as well as technology transfer, franchising and other related fields. As a highly recognized nongovernment organization, ABPI offers a select group of arbitrators specialized in those areas, which have a wide capacity to assist the interested parties in solving a dispute in Intellectual Property issues.

The arbitration proceeding of CArb-ABPI follows its own Rules that can be consulted by clicking here.

A party wishing to commence an arbitral proceeding with the CArb-ABPI should submit a Request for Arbitration which shall include the names as well as the physical and email addresses of the parties to the dispute and their authorized representatives, the contractual basis for the arbitral proceeding, the subject matter of the dispute and claims, the arbitral tribunal, place and language of arbitration, the applicable law and the value assigned to the dispute, all in accordance with the CArb-ABPI Rules applicable to the case.

The duration of an arbitration varies from case to case depending on the complexity. The Brazilian Law Arbitration provides that the arbitral award shall be delivered in the deadline stipulated by the parties and, if nothing is agreed, the deadline for delivery the arbitral award is six months as from the establishment of the arbitration or the arbitrator replacement. This period may be extended by mutual agreement by the Parties and the Arbitrator(s). The Arbitration Center of ABPI has approved an expedited arbitration procedure, under the CArb-ABPI Simplified Rules, which reduces the duration of the arbitral proceeding and the arbitration costs.

The Arbitral Tribunal will be composed of one or three arbitrators as selected by the Parties. However, in case of an expedited arbitration the Arbitral Tribunal will be composed of one arbitrator only. The Arbitral Tribunal may issue full or partial awards. The dispute will be resolved by the Arbitrators by delivering a final award, thus ending the arbitration. The arbitral award is final, no appeal is admissible and must be complied with by the Parties in the manner and within the deadlines set by it.

The commencement of the proceedings is subject to payment to the Center of an administration fee plus the request fee, all in accordance with the CArb-ABPI Costs Table and Arbitrators’ Fees applicable to the case. The administration fee is due every month during the time the arbitration takes place. The administration and request fees are not refundable.

The fees of the arbitrator(s) shall be calculated on the basis of the hourly rate, in accordance with the CArb-ABPI Costs Table and Arbitrators’ Fees applicable to the case, and shall be prepaid by the parties as fixed by the Center. If the arbitrator(s) selected by the parties is(are) not in the CArb-ABPI Arbitrators List, the fees payable by the parties shall be as fixed by the arbitrator(s), upon consultation with the parties. The parties are also requested to establish an advance expense fund to meet out-of-pocket expenses.

More details about the Costs and Arbitrators’ Fees can be consulted by clicking here and the CArb-ABPI Arbitrators List can be consulted by clicking here.