In view of the new coronavirus pandemic, state courts and private arbitration chambers announce new rules to address the flow of procedural deadlines, public service and holding in-person hearings and trial sessions during the period of control of the Covid-19 pandemic. Check out the measures already announced below:
Supreme Court: STF Resolution No. 663 limited external public access to in-person trial sessions, which is now restricted to parties, lawyers and qualified participants in public hearings; as well as temporarily suspending face-to-face service to the external public for issues that can be resolved over the phone. In-person trial sessions are maintained at the STF, but the Court amended its Internal Regulations to allow lawyers and prosecutors to hold oral arguments via videoconference. Requests for oral arguments via videoconference must be presented at least 48 hours before the trial session, by filling out an electronic form that will be made available on the STF website.
State Judiciary and Federal Justice: The National Justice Council announced Resolution No. 313/2020, which standardizes and regulates the measures adopted by state courts and the Federal Court (including the STJ) during the new coronavirus pandemic. The Resolution determines that national courts and tribunals will operate on an extraordinary duty basis, with immediate suspension of face-to-face work by magistrates, civil servants, interns and other employees in judicial units. Furthermore, the general suspension of procedural deadlines is established, from the date of publication of the Resolution until April 30, 2020, as well as face-to-face assistance for parties, lawyers and interested parties (except for remote assistance and the practice of urgent acts necessary to the preservation of rights).
It is important to pay attention to the specific rules for suspending deadlines applicable to each specific case. The deadlines for cases pending before the STF continue to flow, while other courts such as the TJMG, the TJSP and the TJRJ have already had their deadlines suspended for a few days.
CAMARB – Business Mediation and Arbitration Chamber – Brazil: Through Administrative Resolution No. 08/20, CAMARB determined the immediate suspension of physical demonstration protocols relating to ongoing arbitration, mediation and DRB procedures. Protocols must be carried out exclusively digitally, observing any provisions set out in the Arbitration Term or by the Arbitration Court. Protocols made via email must contain the petition and any documents, CAMARB recommending that documents with a file size greater than 10 Mb be sent via link. Requests for an Arbitration, Mediation and/or DRB Institution can be made via email to the address [email protected].
Arbitration Chamber of the Brazil-Canada Chamber of Commerce: Administrative Resolution No. 39/2020 of CAM-CCBC suspended, until April 1, 2020, the in-person physical protocol service at its units in Rio de Janeiro and São Paulo. During this period of suspension, protocols of petitions and documents relating to ongoing arbitration proceedings may be carried out by uploading files to a shared electronic folder (access the instructions for using the shared folder here). Requests for Arbitration and other appropriate methods of dispute resolution may be made by email to the address [email protected].
CIESP/FIESP Conciliation, Mediation and Arbitration Chamber: In accordance with CIESP/FIESP Resolution No. 1/2020, all hearings, face-to-face meetings of the Chamber and physical protocol services will be suspended between March 17th and 27th, 2020. During this period, deadlines that have already started will be met. must be done exclusively electronically, by sending an email to [email protected], with copy to [email protected]. Deadlines not yet started will have their start extended to the first business day after the end of the suspension.
Freitas Ferraz is available for further clarification.