Resolution nº 17/2026 - Publication of the Composition of Arbitral Tribunals

ResoluTION no 17/2026
Publication of the Composition of Arbitral Tribunals

The Presidency of the Chamber of Conciliation, Mediation and Arbitration Ciesp/Fiesp ("Chamber Ciesp/Fiesp"), in the exercise of the powers to it conferred upon items 5(b) and 4(f) of the Chamber Ciesp/Fiesp Internal Regulation, with a view to enhancing transparency in the administration of arbitration proceedings;

Considering item 10.6 of the Arbitration Rules of the Chamber Ciesp/Fiesp("Arbitration Rules") , which governs the treatment of information generated in the course of arbitration proceedings;

Considering paragraph 6 of Article 13 of Law No. 9,307/1996 ("Brazilian Arbitration Act"), which establishes that arbitrators shall perform their duties with impartiality, independence, competence, diligence and discretion;

Considering that the Thematic Council discussed and approved the need to publish additional information regarding proceedings administered by the Chamber, including proceedings not involving public entities, as a measure of good practice and transparency, and recognized the need for the issuance of a Resolution by the Presidency of the Chamber Ciesp/Fiesp;

Considering the analysis carried out by the Thematic Council of the Chamber Ciesp/Fiesp, as well as the recommendations and conclusions presented;

Resolves:

  1. Upon execution of the Terms of Reference, the following information regarding the arbitration proceeding shall be made available on the Chamber's website:
    1. the date of execution of the Terms of Reference;

    2. the full names and nationalities of the members of the Arbitral Tribunal — whether composed of 3 (three) arbitrators or a Sole Arbitrator — and the position held by each arbitrator in the proceeding;

    3. the method of appointment of each arbitrator, indicating whether appointed by the Parties, by the Presidency of the Chamber Ciesp/Fiesp, or by the co-arbitrators;

    4. the status of the arbitration proceeding, indicating whether it is active or closed.

  2. In proceedings not involving Public Administration entities, all other information — including the identity of the Parties, counsel and any information not expressly listed in item 1 above — shall remain confidential by the Secretariat. In proceedings involving public entities, Resolution No. 9/2021 of the Presidency of the Chamber Ciesp/Fiesp shall remain fully applicable.

  3. Any additional information shall only be disclosed to interested third parties following prior consultation with the Parties and the Arbitral Tribunal, subject to the applicable legal requirements.

  4. The information referred to in item 1 of this Resolution shall be periodically updated by the Secretariat, including in the event of any change in the composition of the Arbitral Tribunal.

  5. All proceedings shall comply with the confidentiality requirements applicable to the protection of personal data pursuant to the Brazilian General Data Protection Law (Law No. 13,709/2018), and the administration of such information shall be carried out by the Secretariat.

  6. By accepting an appointment as arbitrator in a proceeding administered by the Chamber Ciesp/Fiesp, the arbitrator agrees to the disclosure of the information referred to in item 1 of this Resolution.

This Resolution shall enter into force on July 1, 2026. The disclosure of the composition of Arbitral Tribunals shall apply to proceedings commenced on or after such date, without prejudice to any specific arrangements agreed upon by the Parties in a particular case.

São Paulo, June 24, 2026.

Ellen Gracie Northfleet
Acting President of the Chamber of Conciliation, Mediation and Arbitration Ciesp/Fiesp

1Chamber CIESP/FIESP Internal Regulation: “5. The Vice-President of the Chamber shall: (…) b) substitute the President in his absences and inability;”
2Chamber 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;”
3Chamber CIESP/FIESP Arbitration Rules, Article 10.6: “The members of the Chamber, the arbitrators and the parties shall not disclose information they have had access to as a consequence of their functions or participation in the arbitral proceedings, except as required by law.”


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