THE PROBLEM

Recommendations

Info

Arbitration Proceeding Nr. 200/2016/SEC7 Claimant: Wright Ltd Respondent: SantosD KG Order of the President of the CAM-CCBC 1. On 31 May 2016, the CAM-CCBC received a request for arbitration from Wright Ltd against SantosD KG. 2. The Secretariat, upon analyzing the content of the Request for Arbitration in order to certify the fulfillment of the requirements set forth in Article 4.1 1 of the Rules, verified that: (i) the Power of Attorney presented referred to Wright Holding Plc instead of Wright Ltd, Claimant in the dispute; (ii) the registration fee was paid in the amount of R$ 400.00 (four hundred Brazilian Reais), rather than R$ 4,000.00 (four thousand Brazilian Reais) as provided for in the CAM-CCBC Table of Expenses. 3. Before the Secretariat sends a notice to the opposing party, in accordance with Article 4.3 2 of the Rules, Claimant must first amend the Request for Arbitration within 10 (ten) days and provide evidence that all the requirements of Article 4.1 have been complied with. São Paulo, 01 June 2016. Carlos Suplicy de Figueiredo Forbes President of the CAM-CCBC 1 CAM-CCBC Rules, Article 4.1. The party desiring to commence an arbitration will notify the CAM-CCBC, through its President, in person or by registered mail, providing sufficient copies for all the parties, arbitrators and the Secretariat of the CAM-CCBC to receive a copy, enclosing: (a) A document that contains the arbitration agreement, providing for choice of the CAM-CCBC’s to administer the proceedings; (b) A power of attorney for any lawyers providing for adequate representation; (c) A summary statement of the matter that will be the subject of the arbitration; (d) The estimated amount in dispute; (e) The full name and details of the parties involved in the arbitration; and (f) A statement of the seat, language, law or rules of law applicable to the arbitration under the contract. 2 CAM-CCBC Rules, Article 4.3. The Secretariat of the CAM-CCBC will send a copy of the notice and respective documents that support it to the other party, requesting that, within fifteen (15) days, it describe in brief any matter that may be the subject of its claim and the respective amount, as well as comments regarding the seat of arbitration, language, law or rules of law applicable to the arbitration under the contract. © Association for the Organisation and Promotion of the Willem C. Vis International Commercial Arbitration Moot 19 Prof. Dr. Stefan Kröll
Horace Fasttrack Advocate at the Court 14 Capital Boulevard Oceanside Equatoriana Tel. (0) 214 77 32 Telefax (0) 214 77 33 fasttrack@host.eq 7 June 2016 By courier The President of the Center for Arbitration and Mediation of the Chamber of Commerce Brazil- Canada (CAM-CCBC) Rua do Rócio, 220 12º andar - cj.121 São Paulo, SP 04552-000 Brazil Dear Mr Forbes, Please find attached the required power of attorney of Wright Ltd, the CLAIMANT in the above arbitration. As correctly pointed out by you, the original power of attorney had been signed on behalf of Wright Holding PLC. It is the parent company of Wright Ltd and had originally approached me to prepare the claim in the arbitration. Notwithstanding that all important decisions are taken at the level of the Holding, for the sake of good order I have procured the attached power of attorney directly from Wright Ltd. Moreover, the remainder of the Registration Fee has been paid. The lower amount was due to a mistake in my secretariat for which I apologize. Could I ask you to now inform SantosD KG about our request for arbitration and take the necessary steps for the constitution of the Tribunal? Sincerely yours, Horace Fasttrack © Association for the Organisation and Promotion of the Willem C. Vis International Commercial Arbitration Moot 20 Prof. Dr. Stefan Kröll
Page 1 and 2: Twenty Fourth Annual Willem C. Vis
Page 3 and 4: Horace Fasttrack Advocate at the Co
Page 5 and 6: 3. At the time of their sale in 201
Page 7 and 8: 15. Furthermore, Mr Lindbergh state
Page 9 and 10: CLAIMANT’s EXHIBIT C 1 1 May 2010
Page 11 and 12: 3. The BUYER undertakes to purchase
Page 13 and 14: CLAIMANT’s EXHIBIT C 3 Fri 15/01/
Page 15 and 16: CLAIMANT’s EXHIBIT C 5 Fri 15/01/
Page 17 and 18: CLAIMANT’s EXHIBIT C 7 Wed 10/02/
Page 19: Power of Attorney In the matter of
Page 23 and 24: São Paulo, 08 June 2016. SantosD K
Page 25 and 26: Nomination of Arbitrator and Jurisd
Page 27 and 28: 18. The 0.5% levy by the Central Ba
Page 29 and 30: RESPONDENT’s EXHIBIT R 2 Fr 22/10
Page 31 and 32: RESPONDENT’s EXHIBIT R 4 Mo 24/10
Page 33 and 34: Ms Martha Maracanã 41 Azteca Lane
Page 35 and 36: Arbitration Proceeding Nr. 200/2016
Page 37 and 38: 4. Where do you work or have worked
Page 39 and 40: São Paulo, 21 July 2016. Mr. Ronal
Page 41 and 42: Arbitration Proceeding Nr. 200/2016
Page 43 and 44: 4.2. The Arbitrators have answered
Page 45 and 46: PARTIES: WRIGHT LTD Herein represen
Page 47 and 48: Request for Security for Costs 1 RE
Page 49 and 50: From Mr Ronald O Zagallo President
Page 51 and 52: CLAIMANT’s EXHIBIT C 9 Witness St
Page 53 and 54: CAM-CCBC Arbitration Procedural Ord

THE PROBLEM

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?