Section 1. This Code of Ethics is applicable to all the associates, partners, staff, employees and any professionals who act within the Specialized Mediation and Arbitration Chamber (Câmara de Mediação e Arbitragem Especializada – CAMES).
Section 2. CAMES’ professional conduct is guided by confidentiality, competence, impartiality, neutrality, independence, morality, as well as the compliance with the legislation in force.
Sole paragraph. For the purposes of this Code, the following meanings are ascribed:
I – confidentiality – duty to maintain secrecy as to all information obtained as a result of the actions within CAMES, unless otherwise expressly authorized by the parties involved;
II – competence – duty to have appropriate and continuous professional qualification, within the minimum criteria defined by CAMES Brasil;
III – impartiality – duty to act with absence of bias, preference or prejudice, ensuring that personal values and concepts do not interfere in the result of the work;
IV – neutrality – duty to maintain equal distance from the parties, respecting their points of view, attributing equal value to each one of them;
V – independence – duty to act with freedom, without admitting any internal or external pressure; and
VI – morality – duty to act correctly, in compliance with rules and professional ethics.
Section 3. The professional who acts within CAMES must have a positive, noble, loyal, honest, transparent, polite, mutually respectful, involving trust and collaboration with administrators, employees, suppliers, and clients.
Section 4. Only professionals who are submitted to a prior analysis of professional competence and professional may integrate CAMES lists of mediators, arbitrators, and experts.
Section 5. Professionals who act jointly with CAMES may not receive any gift or favor from the parties, even after the closing of the proceeding; remuneration arises from the strict action as mediators, arbitrators, or experts accredited by CAMES.
Sole paragraph. All types of payment for the services provided by CAMES will be made solely through electronic systems made available by CAMES Brasil. It is strictly forbidden to receive any amounts concerning dispute resolution activities by CAMES associates, partners, staff or employees.
Section 6. Mediators and arbitrators are absolutely forbidden to provide professional services of any nature for a period of one year counted as of the end of the respective case, to the parties to a mediation or arbitration proceeding being conducted by them.
Section 7. Any professional who is an associate, partner, or employee of a law firm having provided services, even if occasionally, up to one year before the proceeding, to any of the parties to a dispute, cannot be a mediator or arbitrator in the relevant proceeding.
Section 8. The local CAMES cannot receive a mediation or arbitration proceeding when a CAMES’ partner is a party or counsel to one of the parties to dispute, as well as when there is any economic interest in the result thereof, unless otherwise expressly authorized by all parties.
Sole Paragraph. In the event there is no consensus of the parties, the proceeding will be conducted by the chapter indicated by CAMES Executive Board.
Section 9. CAMES’ Mediators and Arbitrators must, throughout the proceeding:
I – conduct functions fairly, respecting principles and rules of this Code and the respective mediation and arbitrations regulations, under the supervision and guidance by CAMES Brasil and local partners;
II – provide clarifications to the parties involved as to the method of work to be employed, presenting it completely, clearly and precisely, informing the principles that guide proceeding, rules of conduct and stages of the proceeding;
III – disclose, in writing, any fact or circumstance able to raise justified doubts as to the independence and impartiality;
IV – maintain separate dialogues with one of the parties only when the other party is given the same opportunity and awareness;
V – interrupt the proceeding in light of any ethical or legal impediment;
VI – do not push agreements or make decisions for the parties involved; it is acceptable, however, to indicate paths and options for the peaceful resolution of the conflict; and
VII – assure that the parties involved, when reaching an agreement, have the full understanding of the provisions thereof, which must be feasible, seeking commitment with compliance thereof.
Sole paragraph. Any meeting held with the parties outside of CAMES headquarters must be previously justified and informed to a partner of local CAMES.
Section 10. The communication with the parties will always use the official means made available by CAMES.
Sole paragraph. The e-mails made available by CAMES must be used exclusively for institutional purposes and may be freely accessed by CAMES partners.
Section 11. The mediator, arbitrator, or expert may not act before CAMES to the detriment of a public function, and is personally responsible for:
I – the compatibility of schedule of the function performed and the activity conducted before CAMES;
II – the abstention of use, under any form or pretext, of a state structure to carry out the activities developed before CAMES; and
III – avoiding situations that may lead to a potential conflict.
Section 12. The following situations constitute a potential conflict of interests between a public function and the development of activities as a mediator, arbitrator, or expert:
I – services provided directly to an entity that pays the mediator, arbitrator, or expert in the position of a public servant;
II – acting as a court mediator in a Court-related entity where the mediator, arbitrator, or expert acts as a result of a public position; and
III – acting in an area subject to control, regulation, or inspection by a public entity where the mediator, arbitrator, or expert acts or is assigned to.
Section 13. The partner or professional bound to CAMES cannot receive any remuneration or profit distribution arising from a service provided to:
I – an entity that pays them as a public servant;
II – an individual or legal entity interested in their decision as a public agent, or with whom there is a relevant relationship as a result of the public position; and
III – a company whose activities are controlled, inspected or regulated by the entity in which the public agent operates or is to which the public agent is assigned.
Section 14. In the event the hypotheses mentioned in Sections 11 and 12 hereof are set aside, the impediment will last for a period of 6 (six) months counted as of the end of impediment.
Section 15. The use of privileged information obtained as a result of a public function is forbidden at any time during the exercise of activities as CAMES mediator, arbitrator or expert.
Section 16. It is also forbidden, within CAMES’ scope:
I – to hire service providers, employees or professionals who are spouses or relatives, up to the second degree, of a partner of the respective CAMES chapter, unless in the condition of mediator, arbitrator, or expert, under the requirements concerning the professional qualifications;
II – to use of the function seeking to obtain personal advantages, returns or any other illegitimate personal favor or benefit, or to third parties;
III – to allow or make political, religious or commercial advertisement at CAMES’ premises; and
IV – to distort numbers or the accounting characteristics of items that may be reflected in management reports or financial statements of the company, or abstain from recording them at CAMES Brasil management system.
Section 17. CAMES units must be structured as to permanently maintain the complete structural and functional independence as to any other company, entity, firm or organization, for profit or not.
Section 18. The non-compliance with any provision of the Code hereof may lead to a penalty such as warning, suspension, termination, definitive exclusion of the mediator, arbitrator, or expert from CAMES lists, or exclusion of partner, under the articles of association, in light of the seriousness of the situation.
Sole Paragraph. The associates, partners, staff, employees, or any other professionals who contribute to a violation, or if aware of such violation, do not promptly inform Local CAMES or CAMES Brasil partners, may also be punished.
Section 19. Possible doubts as to the application of this Code will be solved by CAMES Brasil.
Section 20. This Code of Ethics comes into force on 17 July 2019, and supersedes the previous one.
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