Administrative Guidance No. 07/2025

CONSIDERING the Center for Arbitration and Mediation of the Brazil-Canada Chamber of Commerce (“CAM-CCBC”) is responsible for administering alternative dispute resolution methods (“ADRs”) and is committed to the continuous improvement of its administered proceedings and internal procedures;

CONSIDERING the growing use of artificial intelligence (“AI”) tools in dispute resolution;

CONSIDERING the responsible use of AI tools can contribute to increasing the efficiency of proceedings;

CONSIDERING the risks associated with the use of AI tools, including the possibility of generating inaccurate or false information, the existence of algorithmic biases, weaknesses in the protection of confidential data, and potential negative impacts on the impartiality, integrity and validity of proceedings;

CONSIDERING decision-making functions, at all stages of the procedures, are personal, non-transferable and require independent human judgment;

CONSIDERING the use of AI tools by the parties’ lawyers must comply with ethical duties and the exclusive attributions of the legal profession;

CONSIDERING the impartiality and transparency that guide the work of CAM-CCBC; and

CONSIDERING the confidentiality and due process of law that guide the proceedings administered by CAM-CCBC, The Executive Director, in the use of the powers conferred upon it by article 11, item VI, of the CAM-CCBC Internal Rules, in consultation with the Presidency of CAM-CCBC, issues this Administrative Guidance on the use of AI within the scope of proceedings administered by CAM-CCBC.

Article 1. For the purposes of this Administrative Guidance, artificial intelligence (“AI”) is a machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments. Different AI systems vary in their levels of autonomy and adaptiveness after deployment.

Article 2. CAM-CCBC clarifies that it does not currently use artificial intelligence tools in the administration of arbitrations, mediations, dispute boards, or other alternative dispute resolution methods.

Sole Paragraph. Should CAM-CCBC adopt artificial intelligence tools to manage its processes, a new Administrative Guidance will be issued regulating their use.

Article 3. It is the responsibility of the participants in the proceedings administered by the CAM-CCBC, including arbitrators, mediators, experts, secretaries of the Arbitral Tribunal, parties and their representatives, to ensure that the use of AI tools complies with the duties of discretion and confidentiality applicable to the proceedings, especially with regard to the transfer of confidential, privileged, personal data or data protected by any legal obligations.

Article 4. CAM-CCBC encourages participants in proceedings to discuss the use of possible AI tools, including the need to disclose such use, as well as the potential procedural and financial impacts arising from it.

Sole paragraph. If deemed appropriate, the participants may include specific clauses in the Terms of Reference regarding the use of AI tools and the conditions for their use in the proceedings.

Article 5. Pursuant to the provisions and within the limits of Rules for Arbitration, Mediation and the Committee of Prevention and Solution of Disputes Rules, it is incumbent upon:

a) the arbitrators, observing the principles of broad defense, adversarial process, and equal treatment of the parties in the conduct of the proceedings, shall adopt the necessary and appropriate measures for the proper development of the proceedings, deciding on issues relating to the use of AI;

b) the mediators to conduct the mediation in the manner they deem most appropriate, including matters relating to the use of AI, and to provide information to the participants regarding the manner of conduct at the first mediation session;

c) the members of the Committee on Prevention and Resolution of Disputes, unless otherwise agreed by the parties, shall deliberate on all matters relating to the applicable procedure, taking the necessary measures to fulfill their duties, including matters relating to the use of AI.

Article 6. This Administrative Guidance does not derogate from any legal obligations, ethical duties or rules of professional conduct applicable to the proceedings administered by CAM-CCBC, nor does it set aside mandatory rules provided for in Brazilian or foreign legislation governing arbitration and the participants in the proceedings.

Article 7. CAM-CCBC may periodically update this Administrative Guidance to reflect technological advances, as well as any changes in the legal rules applicable.

***

Sao Paulo, July 17, 2025.

Patrícia Kobayashi

Executive Director