RESOLUTION No. 19/2026
Provides for the drafting, publication, and dissemination of Summary of Arbitral Awards in proceedings administered by the Chamber of Conciliation, Mediation and Arbitration CIESP/FIESP.
The Presidency of the Chamber of Conciliation, Mediation and Arbitration CIESP/FIESP ("Chamber CIESP/FIESP "), exercising its powers and authority under items 5.b)1 and 4.f)2 of the Internal Regulation of the Chamber CIESP/FIESP, with the aim of imparting greater transparency to the management of arbitration proceedings;
Considering the provisions of item 20.4 of the Arbitration Rules of the Chamber CIESP/FIESP(“Rules”), which authorizes the publication, in a digest, of excerpts of arbitral awards, preserving confidentiality regarding the identity of the Parties;
Considering that the dissemination of award summary constitutes an instrument of institutional transparency, diffusion of legal knowledge, and institutionalization of arbitration, without prejudice to the confidentiality of the proceedings;
Considering the deliberations of the Thematic Council of the Chamber CIESP/FIESP, which recommended the adoption of uniform criteria for drafting, anonymizing, organizing, and disseminating summary of arbitral awards of arbitral awards;
Art. 1 Unless there is an objection from any of the Parties under the terms of this Resolution, the Arbitral Tribunal shall draft and submit to the Chamber the summary of arbitral award of the final decision, preserving the identity of the Parties and any elements that allow the identification of the proceeding.
Sole Paragraph. For the purposes of this Resolution, an award summary is defined as a structured summary of an arbitral award on the merits, intended to outline the principal issues decided by the Arbitral Tribunal, including those decided in a partial arbitral award, while preserving the confidentiality of the arbitration proceedings.
Art. 2 Whenever possible, the Summary of Arbitral Award shall observe the following structure:
I – Keywords;
II – Indication of the main topics decided;
III – Summary of the issues submitted to the Arbitral Tribunal;
IV – Summary of the decisive grounds for the decision; and
V – Summary of the conclusion adopted by the Arbitral Tribunal.
Art. 3 The Arbitral Tribunal shall present the Summary of Arbitral Award together with the final arbitral award.
§ 1 The Parties may, within ten (10) calendar days of receipt of the award summary, request amendments thereto if they identify any information that could lead to the identification of the arbitration proceedings or any persons involved therein. Within the same period, the Arbitral Tribunal shall submit a revised version of the award summary if it considers the requested amendments justified.
§ 2 Exceptionally, should the Arbitral Tribunal fail to present the Summary of Arbitral Award, the Chamber may subsequently arrange for its drafting by third parties contracted for this purpose, observing the duty of confidentiality, anonymization, and validation provided for in this Resolution, with the Committee provided for in Art. 7 responsible for analyzing the proper anonymization of the information.
Art. 4 The Summary of Arbitral Award may be published in digests, on the Chamber's website, in institutional reports, academic publications, or materials produced by the Chamber itself or in partnership with third parties, no earlier than two (2) years after the conclusion of the arbitration proceedings, unless expressly authorized by all Parties for publication within a shorter time period.
Art. 5 The Secretariat shall consult the Parties upon the execution of the Terms of Reference regarding their agreement to the anonymized publication of the Summary of Arbitral Award.
§ 1 Should there be an objection from any of the Parties to the publication of the Summary of Arbitral Award, it shall not be published.
§ 2 Where a Party is in default, that Party shall be deemed not to have objected to the publication of the award summary.
Art. 6 Objection to the publication of the Summary of Arbitral Award does not relieve the Arbitral Tribunal from drafting it; the Summary of Arbitral Award shall remain filed with the Secretariat of the Chamber for historical, statistical, and institutional research purposes.
Art. 7 The Presidency of the Chamber shall establish an Editorial Committee to promote the editorial review of Summary of Arbitral Awards, standardize editorial criteria, carry out their thematic classification, and propose improvements to the Digest of Arbitral Awards.
§ 1 The Editorial Committee shall be of an advisory nature and shall consist of three (3) professionals of recognized experience in arbitration, appointed by the Presidency of the Chamber.
§ 2 The operation of the Editorial Committee shall not imply a re-examination, interpretation, or review of the merits of arbitral awards, being limited to editorial aspects, anonymization, standardization, and thematic organization of the Summary of Arbitral Awards.
§ 3 Members of the Editorial Committee shall sign a confidentiality undertaking, which shall be kept on file with the Chamber's Secretariat.
Art. 8 The Summary of Arbitral Award shall be submitted by the Arbitral Tribunal in a previously anonymized version, suitable for publication, subject to the provisions of this Resolution.
§ 1 Anonymization shall eliminate or replace, among other elements, all those that may allow the identification of the Parties, third parties, or the arbitral proceeding, including, where applicable:
I – Names of individuals or legal entities that participated, directly or indirectly, in the arbitral proceeding;
II – Specific contractual references;
III – Identifiable trademarks, products, or projects;
IV – Locations, dates, or any other elements whose combination allows direct or indirect identification of the Parties or the proceeding.
§ 2 The Editorial Committee shall verify the adequacy of the anonymization and may make adjustments prior to the publication of the Summary of Arbitral Award.
Art. 9 The Chamber may enter into agreements or partnerships with academic institutions, research centers, private entities, or specialized companies to assist in the drafting, review, thematic classification, translation, or organization of Summary of Arbitral Awards of arbitral awards, observing the provisions of this Resolution.
Art. 10 Partner entities shall assume a formal commitment to confidentiality, remaining subject to confidentiality obligations even after the termination of the partnership, observing applicable legislation, especially Law No. 13,709 of August 14, 2018 (Brazilian General Data Protection Law - LGPD), as well as adopting technical and administrative measures suitable for protecting the information to which they have access.
Art. 11 Award summaries are intended for institutional, informational, and academic purposes, contributing to the dissemination of legal reasoning and the development of arbitration. They shall not constitute binding precedent or bind future Arbitral Tribunals or the Chamber CIESP/FIESP.
Art. 12 This Resolution applies to proceedings commenced after its entry into force.
Sole Paragraph. Summary of Arbitral Awards relating to previous proceedings may be drafted and published, provided there is express authorization from the Parties, and the provisions of this Resolution are observed.
Art. 13 This Resolution shall enter into force on the date of its signature.
São Paulo, October 29, 2026
Ellen Gracie Northfleet
Acting President of the Chamber CIESP/FIESP
[1]Chamber CIESP/FIESP Internal Regulation: “5. The Vice-President of the Chamber shall: (…) b) substitute the President in his absences and inability;”
[2]Chamber CIESP/FIESP Internal Regulation: “4. The President of the Chamber shall:(...) f) issue supplementary and procedural rules to clarify questions on the application of this Regulation and the Rules regarding cases not covered herein;”