© Leaders League
Eleonora Coelho is Secretary General of Brazil’s leading arbitration chamber, the Arbitration and Mediation Centre of the Brazil-Canada Chamber of Commerce (CAM-CCBC). In this interview, Ms. Coelho discusses major trends in the domestic arbitration market as well as CAM-CCBC’s initiatives for 2019.
Leaders League. How has 2018 fared from CAM-CCBC’s perspective?
Eleonora Coelho. 2018 was remarkable year for CAM-CCBC. To begin with, CAM-CCBC was ranked as the eighth preferred arbitral institution worldwide and third in Latin America, according to Queen Mary University of London’s 2018 International Arbitration Survey.
To improve our services even further, in 2018 we approved new administrative resolutions (“AR”), such as AR no. 30/2018, to promote gender equality; AR no. 32/2018, to regulate emergency arbitrators; and AR no. 33/2018, enabling CAM-CCBC to administer proceedings under the UNCITRAL Arbitration Rules.
We also launched the first edition of São Paulo Arbitration Week (SPAW) which began with the already traditional CAM-CCBC Congress and was followed by 14 events organized by other institutions and academic groups. SPAW sought to promote the development of alternative dispute resolution (ADR) and was an opportunity for the ever-growing arbitration community in Brazil to discuss pressing issues and exchange experiences with foreign practitioners.
Over the last 12 months, which key trends have arisen in Brazil’s Arbitration & ADR market?
A key trend which arose in 2018, not only in Brazil but worldwide, was cybersecurity.
In 2018, Law 13,709, which regulates data protection and cybersecurity measures in Brazil, was enacted. Arbitral institutions as well as private and public-sector companies are already preparing for the new, stricter rules which will be mandatory as of 2020. As such, we expect an increase in cybersecurity-related disputes.
Other ‘hot topics’ which continue to be discussed in Brazil are transparency, gender equality, arbitration with public entities, and class arbitrations.
In recent years, how far has ADR come as a practice in Brazil?
Arbitration in Brazil has surpassed its maturing phase and is now a consolidated practice. According to Selma Lemes’ research1, between 2010 and 2018, there was an 114.8% increase in the number of new arbitral proceedings initiated per year in Brazil. Moreover, in 2017, Brazilian parties ranked as the fourth most common nationality in arbitral proceedings administered by the ICC2.
Mediation, however, is still maturing. Although the private sector has been familiar with mediation for a long time, it was only after 2015 that the practice began to grow due to public incentives. The turning point was the enactment of the Brazilian Mediation Act and of the new Civil Procedure Code which contains many provisions regarding judicial mediation. These factors have ensured the growth of both public and private mediation. This growth is illustrated by CAM-CCBC’s mediation statistics: from 1998 to 2015, only 22 mediation proceedings were administered by CAM-CCBC; between 2015 and 2018, however, there were a total of 29 new cases.
Other ADR methods are also being explored. Dispute boards have become increasingly popular due to legislative initiatives – for instance, the city of São Paulo recently enacted Law 16,873/2018, establishing the use of dispute boards in all long-term contracts signed by the municipal government. As one can see, the future is bright for ADR methods in Brazil.
What initiatives does CAM-CCBC have lined up for 2019?
In 2019 CAM-CCBCC will celebrate its 40th anniversary and host, for the first time, the CPR International Mediation Competition. Furthermore, CAM-CCBC will keep honoring its commitment to gender equality. At the end of 2019, we hope to present even better results than those achieved in 2018.