Regiment CDD-ABPI

Art. 2 The CDD-ABPI will be represented and coordinated by a Director, with the assistance of a Deputy Director and an Executive Secretariat, and will carry out the procedures necessary for the proper conduct of the procedures submitted to it, with the practice of all acts convenient to this end.

Sole Paragraph: The Director and Deputy Director of CDD-ABPI will serve for 4 (four) years and may be re-elected.

Art. 3 The Director is responsible for representing the CDD-ABPI, carrying out all the acts required under the terms of these Rules and Regulations of this Chamber. The Deputy Director is responsible for assisting the Director, carrying out the duties assigned to him/her and substituting for the Director in cases of impediment or absence.

Art. 4 The Executive Secretariat shall have the following duties and attributions, among others:

1. ensure compliance with the law, the CSD-ABPI Regiment, these Regulation and Regiment;
2. assist the Director and Deputy Director of CDD-ABPI in the activities of the Chamber;
3. secretariat the activities of Mediators, Experts, Arbitrators and Specialists and any other persons involved in the proceedings;
4. designate staff, if necessary, to assist the work of the Executive Secretariat in procedures such as, among others, receiving and issuing notices and communications; e,
5. consult with the Director and Deputy Director of CDD-ABPI, transmiting any formal request or question submitted by the Parties or by the Mediators, Experts, Arbitrators or Experts of a given procedure.

Art. 5 The rules established for Specialists in the CSD-ABPI Regiment, as amended by these Regiment, shall apply to Mediators, Experts, Arbitrators and Specialists on the CDD-ABPI professional staff and any non-members of the staff chosen by the Parties under the terms of the CDD-ABPI Rules of Procedure.

Art. 6 Mediators, Experts, Arbitrators or Specialists of the CDD-ABPI may be any professionals of unblemished reputation, high moral esteem, notorious technical or legal knowledge, resident or not in the country, regardless of whether they are ABPI members, without restrictions as to nationality or citizenship, who are not barred under the terms of these Regiment and who have been approved by the ABPI Executive Committee, signing, to this end, a specific declaration of clearance prior to any procedure they may undertake.

Sole Paragraph: In order to meet the requirement of notable technical or legal knowledge, the candidate for Mediator, Expert, Arbitrator or Specialist must cumulatively meet the following requirements:

1. have a university degree, whatever that may be;
2. have an outstanding professional record, with an emphasis on Digital Law, Innovation or Technology, for at least 5 (five) years;
3. have a proven minimum of 40 (forty) hours of training in the specific procedure (Mediation, Expert Activity, Arbitration or ODR);
4. have proven professional experience in the specific procedure (Mediation, Expertise, Arbitration or ODR).

Art. 7 In addition to the CSD-ABPI suspicion requirements, may not be a Mediator, Expert, Arbitrator or Specialist that on that:

1. is a party or has an interest in the conflict;
2. intervened in the resolution of the conflict that is the subject of the proceedings as an agent of the party, witness or expert;
3. is the spouse of one of the Parties or a relative, consanguineous or related, in a direct or collateral line of one of the Parties or their spouse, up to the third degree;
4. is the spouse, blood relative or relative in a direct or collateral line of the attorney, representative or lawyer of the Parties, up to the third degree;
5. participates in the management or administrative body of a legal entity that is a party to the dispute or is a partner or shareholder;
6. is a close friend or enemy of one of the Parties;
7. is a creditor or debtor of one of the Parties or their spouse;
8. is an heir, employer or employee of one of the Parties;
9. advise either Party on the subject matter of the proceedings, or provide resources to meet the costs of the proceedings;
10. not complying with or respecting, respectively, the precepts of the CMed-ABPI Code of Ethics for Mediators or the CArb-ABPI Code of Ethics for Arbitrators.

§ 1º – In the event of any of these situations, it shall be incumbent upon the Mediator, Expert, Arbitrator or Specialist to declare their impediment or suspicion at any time and to refuse their appointment or submit a resignation, and they shall be personally liable for any damage they may cause by failing to comply with this duty.

§ 2º If there is or occurs a circumstance other than those listed above, or a circumstance that the Mediator, Expert, Arbitrator or Specialist believes may cause any of the Parties to question their impartiality, they shall disclose it and, only if all the Parties expressly agree, shall the proceedings be initiated or resumed.

§ 3º – Any of the Parties may plead the impediment or suspicion of the Mediator, Expert, Arbitrator or Specialist, immediately informing the CDD-ABPI, respecting the deadlines set out in the Regulations of this Chamber. Once the plea of impediment or suspicion has been received, the Director of the CDD-ABPI or, in his/her absence, the Deputy Director, shall submit it to the Board of the CSD-ABPI for a decision under the terms of the Center’s Rules of Procedure.

§ 4º If the Mediator, Expert, Arbitrator or Specialist resigns or if any cause of suspicion or impediment, moral or physical incapacity or death arises, he/she shall be replaced by a new Mediator, Expert, Arbitrator or Specialist in the manner established by the CDD-ABPI and with the consent of the Parties.

Art. 8 The CDD-ABPI will periodically update the list of Mediators, Experts, Arbitrators or Specialists from the members already qualified before the CSD-ABPI who have chosen to participate in the CDD-ABPI procedures.

Art. 9 Professionals who have acted as Mediators, Experts, Arbitrators or Specialists for the same Parties in a given procedure are barred from acting as Mediators, Experts, Arbitrators, Specialists, Consultants or Witnesses in any adversarial procedure arising from and/or related to the previous procedure. Likewise, anyone who advises or represents any of the Parties in a procedure under the CDD-ABPI Regulations may not act as a Mediator, Expert, Arbitrator or Specialist in a new procedure involving the same Parties.

Sole paragraph. The Mediator, Expert, Arbitrator or Specialist shall be prevented from providing services of any nature, other than that of Mediator, Expert, Arbitrator or Specialist, to any of the Parties, for a period of one (1) year from the end of the respective procedure, except as provided for in the caput.

Art. 10 In any and all proceedings, the Mediator(s), Expert(s), Arbitrator(s) or Specialist(s) shall ensure equality between the Parties and that each party is given a fair opportunity to present its reasons, with the principles of impartiality, isonomy between the Parties, orality, principles of impartiality, isonomy between the Parties, orality, informality, autonomy of the Parties’ will, seeking consensus, confidentiality, good faith, informed decision, independence, discretion, cooperation, diligence, responsibility, credibility, equidistance and flexibility of the Mediator(s), Expert(s), Arbitrator(s) or Specialist(s).

Art. 11. Procedures shall comply with the provisions of the applicable law and the CDD-ABPI Regulations, and the amounts charged to the Parties and paid to the Mediator(s), Expert(s), Arbitrator(s) or Specialist(s) shall be informed by the CSD-ABPI, as determined by the ABPI Board of Directors.

Art. 12 Notifications, documents and communications will be made electronically.

Art. 13 All Mediators, Experts, Arbitrators or Specialists, the Parties, their attorneys and technical assistants must keep their contact details with the Secretariat up to date.

Art. 14 The CDD-ABPI will publish on its website the CDD-ABPI’s cost table and the fees of Mediators, Experts, Arbitrators or Specialists.

Art. 15 These Regiment shall come into force on the date of their approval by the ABPI Executive Committee.