Regiment of the Arbitration Chamber of the Brazilian Intellectual Property Association (CArb-ABPI)

Art. 1º The ABPI’s Arbitration Chamber (“CArb-ABPI”) is linked to the Center for Dispute Resolution, Mediation and Arbitration in Intellectual Property (“CSD-ABPI”) and its purpose is the administration and management of arbitration proceedings in disputes involving intellectual property rights and other related or similar branches of law, including the maintenance of a staff of Arbitrators, a Director, an Associate Director and an Executive Secretary for the performance of these functions.

Art. 2º The CArb-ABPI will be represented and coordinated by a Director, with the assistance of an Associate Director and an Executive Secretary, and will carry out the necessary procedures for the conduction of the arbitrations submitted to it, with the practice of all the convenient acts for this purpose.

Sole Paragraph:     The Director and the Deputy Director of CArb-ABPI will serve for four (4) years, and may be reelected, provided, however, that for the first term, the Director’s and the Deputy Director’s terms will end together with the terms of the other members of the CSD-ABPI Board.

Art. 3º The Director will represent CArb-ABPI performing all acts required under these Regulations and this Chamber’s Regulation. A Deputy Director is responsible for assisting the Director, performing the duties assigned to them, and replacing the Director in case they are absent or unable to act.

Art. 4º The Executive Secretary will have, among others, the following duties and attributions:

a) ensuring the observance of the law, of the CSD-ABPI Regulations, these Rules and Regulations, establishing arbitration procedures submitted to it,

b) assisting the Director and the Deputy Director of CArb-ABPI in the Chamber’s activities,

c) providing secretarial services for the activities of the Arbitrators and other persons eventually involved in the proceedings,

d) designating staff, as needed, to assist the work of the Executive Secretariat in procedures such as, among others, receiving and issuing notices and communications, and

e) consulting with the Director and Deputy Director of CArb-ABPI, transmitting any formal consultation submitted by the Parties or by an Arbitrator of a given proceeding.

Art. 5º Professionals who are members of the CArb-ABPI arbitration board may act as arbitrators in the proceedings administered by CArb-ABPI, as well as non-member professionals, provided they are chosen by the Parties pursuant to the CArb-ABPI Regulations and subject to the applicable costs, including the Repass Fee (“Arbitrators”).

Paragraph 1 – The rules established for the Specialists in the CSD-ABPI Rules, with the modifications of these Regulations, apply to the Arbitrators. However, the provisions of Article 6 below, will not apply to the Arbitrators that are no members of Carb-ABPI board of arbitrators, and it should be emphasized that their performance depends on the observation of the applicable cost table, being also included the Repass Rate.

Paragraph 2 – For the purposes of these Rules, “Party” means any individual or legal entity whose conflict or dispute is submitted to arbitration.

Art. 6º Only the Specialist who meets the requirements of art 10 of CSD-ABPI Rules may be included in Carb-ABPI board of arbitrators, 10 of the Regulation of the CSD-ABPI, subject to the provisions of this Regulation.

Sole Paragraph. For the purposes of meeting the requirement of notorious technical or legal knowledge foreseen in paragraph 1 of the referred article 10 of the CSD-ABPI Rules, the candidate Arbitrator must cumulatively fulfill the following requirements, accepted by the CSD-ABPI Board:

a) have a higher education, whatever it may be,

b) have acted in the respective branches of Law related or akin to intellectual property for at least ten (10) years,

c) have proven professional experience in corporate arbitration.

Art. 7º In addition to the CSD-ABPI impediment or suspicion requirements, a person may not be an Arbitrator in a proceeding if they:

a) are a party or have an interest in the conflict,

b) have intervened to resolve the conflict submitted to arbitration as a Party’s agent, witness, expert or mediator,

c) are a spouse of any of the Parties or a relative, consanguineous or related, in a direct or collateral line, of any of the Parties or of their spouse, up to the third degree,

d) are a spouse, relative, consanguineous or kinship, in a direct or collateral line, of the attorney, representative or lawyer of the Parties in the arbitration proceeding, up to the third degree,

e) participate in a management or administration body of a Legal Entity that is party to the conflict or is a partner or shareholder,

(f) advise either Party on the subject matter of the proceeding, or provide resources to meet the expenses of the proceeding,

g) fail to meet or observe CArb-ABPI’s Code of Ethics for Arbitrators.

Paragraph 1 – After becoming aware at any time of any of these situations, the Arbitrator will be responsible for declaring their impediment or suspicion, refusing their appointment or resigning, and will be personally liable for any damage he has caused or may cause by their failure to comply with this duty.

Paragraph 2 – If any event other than those listed above exists or occurs, or any circumstance that the Arbitrator considers may cause the questioning of his impartiality by any of the Parties, they will disclose it, and only if all Parties expressly agree, will the arbitration be initiated or resumed.

Paragraph 3 – Either Party may claim the Arbitrator’s impediment or suspicion, immediately communicating it to CArb-ABPI, respecting the time limits of the Chamber’s Regulation. Once the allegation of impediment or suspicion is received, the Director of CArb-ABPI will submit it to the CSD-ABPI Council for decision under the terms of the Center’s Regulations.

Paragraph 4 – If the Arbitrator resigns or if any cause of suspicion or impediment, moral or physical incapacity or death occurs, he will be replaced by a new Arbitrator in the form established by CArb-ABPI and with the Parties’ consent.

Art. 8º The Parties may appoint, with justification and upon payment of an additional fee, as arbitrator, a professional who is not a member of the ABPI, nor is a member of the CArb-ABPI Arbitrators’ list. Such appointment must be approved by the Director of CArb-ABPI, if it complies with the provisions of article 46 and in article 47, sole paragraph, of the CArb-ABPI Regulation, in addition to observe the applicable costs, including the Repass Rate.

Art. 9º CArb-ABPI will periodically update the list of Arbitrators, observing the applicable requirements.

Art. 10º The professional who has acted as Arbitrator in an arbitration will be barred from acting as mediator, specialist, expert, consultant or witness in any adversary proceeding arising from or related to that arbitration.

Paragraph 1 – Anyone who advises or represents any party in arbitration proceedings cannot act as an arbitrator in a new arbitration involving that party for a period of five (5) years as from the end of the arbitration proceeding.

Paragraph 2 – The Arbitrator will be barred from rendering services of any nature to any of the Parties for a period of two (2) years as from the end of the arbitration proceedings.

Art. 11º In all proceedings the Arbitrators will ensure equality between the Parties and that each Party is given a fair opportunity to present its case, and the principles of impartiality, independence, discretion, confidentiality, confidentiality, diligence, accountability, competence, equidistance, and transparency of the Arbitrators are ensured.

Art. 12º Except if otherwise expressly provided by the Parties, the arbitration procedure will follow the provisions of the CArb-ABPI Rules, and the amounts collected from the Parties and paid to the Arbitrators will be informed by the CSD-ABPI, as determined by the ABPI’s Board of Directors.

Art. 13º Notifications, documents, and communications may be made physically or electronically as requested by the Parties and will be considered as received on the next business day.

Art. 14º All lawyers, Arbitrators and Parties must keep their contact details with the Secretariat up to date.

Art. 15º CArb-ABPI will keep the Table with CArb-ABPI Costs and Arbitrators’ Fees posted on its website, subject to any agreement between the Parties and the Arbitrators.

Art. 16º This Regulation will come into force on the date it is approved by the ABPI Board of Directors.

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