CAM-CCBC Rules on Early Production
of Evidence

CONSIDERING the commitment of the Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada (“CAM-CCBC”) to best practices and the continuous development of alternative dispute resolution methods;

WHEREAS, pursuant to Article 2 of its Internal Rules, the purpose of the CAMCCBC is to administer alternative dispute resolution proceedings;

CONSIDERING the Brazilian case law, especially the understanding of the Superior Court of Justice, by which recognizes the jurisdiction of the arbitral tribunal to process early production of evidence in the absence of urgency, whenever there is an arbitration agreement to settle disputes arising from a given contractual relationship;

The Presidency of CAM-CCBC, in the use of the powers conferred upon it by article 7, item V, of the CAM-CCBC Internal Rules, with the due approval of the Advisory Board, issues the following Supplementary Rule, which provides for the early production of evidence at CAM-CCBC.

Scope of Application of the Rules

Article 1. The provisions of the Rules for Early Production of Evidence (“EPE Rules”) apply whenever, cumulatively:

(a) the parties are bound to settle their dispute through arbitration administered by CAM-CCBC, pursuant to article 1 of the CAM-CCBC Arbitration Rules (“ARB Rules”);

(b) the production of evidence is not based on urgency;

(c) the evidence to be produced is likely to enable self-composition or another appropriate mean of dispute resolution; or prior knowledge of the facts may justify or avoid the filing of a lawsuit or a request for arbitration; and

(d) the parties have not expressly agreed to exclude the early production of evidence under these EPE Rules, or established the competence of the Judiciary for this measure.

Sole Paragraph. The early production of evidence based on urgency shall be governed by the rules relating to the Emergency Arbitrator of CAM-CCBC Rules 2025, with the exception of Article 6 of Annex I, and the rules of these EPE Rules shall apply where applicable.

EPE Request

Article 2. The party wishing to have recourse to an evidence arbitrator must submit an EPE request to the CAM-CCBC containing, where applicable, the provisions of Article 7 of the ARB Rules, indicating the acts and/or facts to be proved, the reasons justifying the need to produce the evidence, the legal basis of the claim, the means by which the evidence is to be produced, as well as an indication of the complexity of the evidence requested.

Notice of the Respondent

Article 3. The Secretariat of the CAM-CCBC shall immediately send a copy of the request and its accompanying documents to the other parties so that they may present, within ten (10) days, any objections to the continuation of the production of evidence that may be analyzed by the Presidency of the CAMCCBC, as provided for in the ARB Rules.

Appointment of the Evidence Arbitrator

Article 4. Unless otherwise expressly agreed between the parties specifically for the cases governed by these Rules, the EPE proceedings shall be conducted by a sole arbitrator appointed in accordance with Article 13 of the ARB Rules

Article 5. The evidence arbitrator may not act as arbitrator in an arbitration related to the facts that gave rise to the request for early production of evidence, unless otherwise agreed by the parties.

Article 6. The evidence arbitrator shall answer the CAM-CCBC Conflicts of Interest and Availability Questionnaire (“Questionnaire”) within 5 (five) days of receiving their appointment.

Sole paragraph. The CAM-CCBC Secretariat shall inform the parties of the Questionnaire. Upon confirmation of his appointment, the evidence arbitrator shall sign the Statement of Independence within 5 (five) days.

Challenging the Arbitrator

Article 7. The parties may challenge the evidence arbitrator, within 5 (five) days of becoming aware of the fact, in accordance with article 14 of the ARB Rules. 

Transmission of the case file, conduct of the proceedings and powers of the evidence arbitrator

Article 8. Once the Statement of Independence has been signed and the EPE proceedings has been instituted, in accordance with article 16 of the ARB Rules, the secretariat will forward the case files to the arbitrator, who shall then establish the provisional timetable, specifying the deadline for expanding the scope of evidence.

Article 9. The evidence arbitrator is responsible for:

(I) deciding on its jurisdiction and on the existence, validity and scope of the arbitration agreement.

(II) deciding on the admissibility of the evidence, defining its scope and organizing the means of its production.

(III) conducting the proceedings in the manner it deems appropriate, taking into account the nature and specificities of the evidence requested.

(IV) adopt any measures necessary for the production of evidence.

Sole paragraph. The evidence arbitrator shall examine the request for evidence in the light of the requirements laid down in the applicable substantive law, observing, among others, the plausibility of the right of the party requesting the production of evidence, the requirements related to business and professional secrecy and trade secrets.

Article 10. The evidence arbitrator shall not to conduct the assessment of the evidence produced, nor shall they rule on the occurrence or non-occurrence of the fact or on the respective legal consequences, which shall rest on the arbitral tribunal constituted for the examination of the main issue, if applicable.

Article 11. The duration of the early production of evidence shall not exceed a period of 6 (six) months from the signing of the Evidence Arbitrator’s Statement of Independence.

Paragraph 1. The Presidency of the CAM-CCBC may extend this period (i) at the substantiated request of the evidence arbitrator, (ii) on its own initiative in appropriate circumstances, noting, among other aspects, the initiation of an arbitration proceeding related to the facts giving rise to the EPE request, or (iii) if the parties so agree.

Paragraph 2. If the proceedings exceeds six (6) months, the party who requested or caused the measure – or the parties, if it arises from measures requested by the evidence arbitrator or by both parties – shall be required to pay, in addition to the amounts accrued at the beginning of the proceedings, the amounts set out in the table of expenses provided for in article 13.

Article 12. At the end of the production of evidence proceedings, the evidence arbitrator shall issue an award concluding their activity.

Sole paragraph. When closing the proceedings, the arbitrator shall allocate the costs associated with the EPE between the parties, taking into account the circumstances of the case. There shall be no order for reimbursement of contractual attorney’s fees or the setting of any other type of attorney’s fees1.

Costs and Final Provisions

Article 13. The CAM-CCBC shall maintain a schedule of administrative fees, arbitrators’ fees and other expenses applicable to proceedings governed by the EPE Rules (“EPE Schedule of Expenses”).

Article 14. The EPE Rules, approved by the CAM-CCBC Advisory Board on October 16 2025, shall enter into force on 3 November 2025 and shall apply to requests for the early production of evidence requested after their entry into force, regardless of the date on which the arbitration agreement was signed. 

Article 15. The provisions of the ARB Rules shall apply insofar as they do not conflict with these EPE Rules, and the CAM-CCBC Presidency or the evidence arbitrator shall be responsible for settling any doubts or omissions regarding the interpretation of these rules. 

São Paulo, 16 October 2025

Rodrigo Garcia da Fonseca

President of CAM-CCBC