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Due to the growing number of commercial and corporate disputes arising out of the Covid-19 pandemic, on April 17, the Court of Appeals of São Paulo launched a pilot project to solve these conflicts through mediation and conciliation.
According to the Ordinance CG no. 11/2020, the project is destined to business persons, corporations and other economic agents involved with the production and distribution of goods and services. This is a voluntary and pre-litigation proceeding.
To start the proceeding, the interested party must send an electronic requirement to the Court, at the e-mail email@example.com, including the qualification of the parties, claim for relief and cause of action, which must be related to the pandemic.
The dispute must also observe the matters of competence of the Courts of Business and Arbitration Disputes of São Paulo, namely: disputes related to companies and corporations in general, industrial property, unfair competition, franchise and arbitration.
Once the request is received, the Court will schedule a conciliatory hearing, to be carried out by a Judge, and notify the parties on the emails provided in the requirement.
If the conciliation is not successful, the dispute shall be submitted to mediation, to be conducted by a mediator chosen by the parties or appointed by the judge, if no consent is obtained.
The settlement agreement will be approved by the Judge and will be an execution instrument.
All the hearings shall occur in a virtual environment to be provided by the Court. The project is scheduled to last 120 days until the end of the “Remote Work System” established by in Ordinance CSM nº 2.549/2020.
The Ordinance CG nº 11/2020 can be accessed, in Portuguese, here.
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