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SÃO PAULO | Alameda Franca 1050 3º/9º/11º andar CEP:01422-001
Tel: +55 (11) 3063-6177 / 3897-4400
Fax: +55 (11) 3063-6176 sp@fblaw.com.br

RIO DE JANEIRO | Rua Rodrigo Silva 26
3º andar - CEP:20011-040
Tel: +55 (21) 2217-1850
Fax: +55 (21) 2217-1858 rj@fblaw.com.br

BRASÍLIA | SHIS, QL 14, conj. 07, casa 12, Lago Sul - CEP:71640-075
Tel: +55 (61) 2107-9191
Fax: +55 (61) 2107-9192 bra@fblaw.com.br

Mediation and Arbitration Survey conducted by LBC together with CAE–Eurocâmaras

(VOLTAR)Renato Pacheco Neto
LL.M., an alumnus of Harvard’s Law School LLF, holds Executive Management Diplomas from both the Stockholm School of Economics (Handelshögskolan) and Helsinki School of Economics (Kauppakorkeakoulu). He is Chairman of the Board of the European Court of Arbitration in Brazil (Eurocâmaras-CAE) and Swedcham’s Legal Director. He is also Founding and Managing Partner of the international law firm of Fraga, Bekierman & Pacheco Neto – Advogados, with offices in SP/Rio/Brasilia and worldwide alliances.

As most of our members know, Eurocâmaras federates the leading European Chambers of Commerce in Brazil, creating the most representative official umbrella organization for European companies in our country. Last year, Swedcham took over the Chairmanship which has now moved over to the German Chamber. Still Swedcham is now running a Vice-Chairmanship and further chairing its Arbitration and Commercial Mediation Chamber (CAE).

Eurocâmaras has the important mission to assist both foreign and national companies in trading and investing. Indeed, Eurocâmaras is the largest multicultural network providing a business and social platform to facilitate and promote business opportunities to all Brazilian and European companies, members of our Bilateral Chambers.

The Eurocâmaras Arbitration and Mediation Chamber (CAE) participates in this effort by proposing to the business world efficient alternative dispute resolution methods. In order to improve our services and make them better suitable to our members, always moving corporate needs, we are in the process of launching a survey. Further information may be obtained on our recently updated website: www.eurocamaras.com.br

We are grateful that through the cooperation between Swedcham’s Legal & Business Committee (LBC) and CAE, this magazine generously gave us the chance to reproduce the main queries made to companies.

Survey

1. Did you already know that Eurocâmaras has its own Arbitration and Mediation Chamber (CAE)?
( ) YES ( ) NO

2. What is your company’s litigation liability level?
      ( ) less than BRL 1 million
      ( ) between BRL 1 and 10 million
      ( ) over BRL 10 million

3. How much do you believe that your litigation liability represents in relation to your annual turnover?
      ( ) less than 1%
      ( ) between 1 and 10%
      ( ) over 10%

4. Are you actually judicially litigating with suppliers, clients or any other commercial partner?
( ) YES ( ) NO

5. Is the other litigating party a foreign company?
( ) YES ( ) NO

6. Are you able to distinguish Mediation from Arbitration?
( ) YES ( ) NO

7. Has your company ever been involved in an Arbitration or Mediation proceeding?
( ) YES ( ) NO

8. Would you agree to submit the ongoing judicial proceedings to Mediation or Arbitration following the high European standards provided by CAE?
( ) YES ( ) NO

9. What is your time expectation in order to reach a final and enforceable solution to your case?
      ( ) less than 3 months
      ( ) between 3 and 12 months
      ( ) over 12 months

10. How much would you expect to spend in a Mediation or Arbitration proceeding?
      ( ) less than 1% of claim
      ( ) between 1 and 10% of claim
      ( ) over 10% of claim

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