Lex Mundi Global Arbitration Institutions Guide |
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Bolivia |
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(Latin America/Caribbean)
Firm
C.R. & F. Rojas - Abogados
Contributors
Manfredo Kempff |
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| Name of Arbitral Institution; with abbreviation, if any. | Center for Arbitration and Conciliation of the Chamber of Industry, Commerce, Services and Tourism of Santa Cruz de la Sierra ("CCAC"). |
| Where is the seat of the Arbitral Institution? | Santa Cruz de la Sierra, Bolivia |
| Is there an umbrella organization for the Arbitral Institution? | The Chamber of Industry, Commerce, Services and Tourism of Santa Cruz de la Sierra is the umbrella organization for the the CCAC, but the ICC is also represented in the CCAC. |
| How is the Arbitral Institution structured? | The CCAC is a technical and legal body that administers, promotes and facilitates conciliation and arbitration. It operates under the umbrella of the Chamber of Industry, Commerce, Services and Tourism of Santa Cruz and enjoys management autonomy. The CCAC is managed by a Board of Directors composed of registered arbitrators. |
| Is there a compulsory list of arbitrators that parties are required to choose from? | The arbitration will be in charge of arbitrators that make up the official list of authorized arbitrators of the CCAC, the same ones that fulfill the personal, professional, suitability and capacity requirements demanded by the CCAC norms to substantiate the arbitration processes. |
| Can the place of arbitration freely be chosen by the parties? Is there a default place of arbitration? | The arbitration proceedings must take place at CCAC's headquarters, which is the deafult place of arbitration. |
| What is the amount of the registration fee? | The registration fee to initiate a process is USD 180.00. |
| What is the average cost of an arbitration in the following cases? 1 arbitrator, amount in dispute = $1 million | According to the CCAC official tariffs, the costs would be the following: arbitrator $us. 16,640.00 / Secretary $us. 1,040.00 / CCAC $us. 8,320.00 / Total $us. 26,000.00. |
| What is the average cost of an arbitration in the following cases? 3 arbitrators, amount in dispute = $10 million | According to the CCAC official tariffs, the costs would be the following: three arbitrators $us. 123,520.00 / Secretary $us. 7,720.00 / CCAC $us. 61,760.00 / Total $us. 193,000.00. |
| What is the average cost of an arbitration in the following cases? 3 arbitrators, amount in dispute = $100 million | According to the CCAC official tariffs, the costs would be the following: three arbitrators $us. 832,000.00 / Secretary $us. 52,000.00 / CCAC $us. 416,000.00 / Total $us. 1,300,000.00. |
| Who pays advances on costs? What happens in the event of default? | The parties each of them will pay 50% of the fees and expenses. The party that fails to pay the corresponding amounts within the established term, will be subject to an additional one hundred percent increase of the unpaid amount. The debits will be consigned in the Award for their respective collection. |
| Does the Arbitral Institution have formalistic procedures (e.g. terms of reference) that must be complied with? If so, which ones? | The parties must respect and follow the precepts of the Law of Conciliation and Arbitration N. 708 dated June 25, 2015 and the regulations of the CCAC. |
| Which languages can be used for communication with the Arbitral Institution? | The parties may decide on the language or languages ​​with which the conciliation or arbitration will be developed, as well as the participation of translators and interpreters required in the proceedings. In the absence of an agreement on the language, Spanish will prevail. |
| Who is the main point of contact for the parties within the Arbitral Institution? | The Secretary of the Arbitral Tribunal is the main point of contact for the parties within the Arbitral Institution. |
| Are there restrictions on the language that the arbitration may be conducted in? | The parties may freely decide on the language or languages ​​with which the conciliation or arbitration shall take place. |
| Who appoints substitute arbitrators? | Any of the parties may appoints substitute arbitrators if this is contemplated in the arbitral clause, if not, if the Technical Council of the CCAC will appoint substitute arbitrators. |
| Are there specific regulations for multi-party arbitrations or joinders to the proceedings? | No |
| Are oral hearings compulsory? | Yes |
| What are common evidence-taking practices? | The most common evidence-taking practices are those regulated by the the Law of Conciliation and Arbitration N. 708 and the Code of Civil Procedure, such as calling witnesses, on site inspections and submission of expert reports on the matter at hand. |
| What is the average duration of arbitration proceedings? | The award will be dictated by the Court within a period not exceeding one hundred and eighty (180) calendar days, computable from the date of installation of the Arbitral Tribunal. The suspensions agreed upon by the parties and other cases provided for in these regulations are not computed within this term. |
| What is the timeframe for rendering the award? | The maximum term is (180) calendar days from the date of installation of the Arbitral Tribunal. |
| Are extensions to time limits permissible? | It can be extended only once for an additional (30) calendar days. |
| Can the arbitral tribunal impose interim measures? Is there a competing competency of the ordinary courts with regard to interim measures? | According to the Law of Conciliation and Arbitration N. 708, a party to an arbitration may request interim or precautionary measure which must be submitted, approved and enforced by an ordinary judicial court. |
| Do the institutional rules provide for an emergency arbitrator? | Yes, the rules provide that any of the parties may request an emergency arbitrator if it is expressly agreed in the arbitral clause. |
| Are there any specific regulations for expedited proceedings? If so, is there a deadline for rendering such an award? | There is no special procedure for expedited proceedings, although the parties can agree to shorten the duration of the arbitration. |
| Are arbitral awards submitted for scrutiny? If so, to whom? | No, arbitrators are independent and do not respond to any other authority. The award however, may be subject to scrutiny by the CCAC if the arbitral proceedings failed to compy with the applicable regulations. |
| Do costs necessarily follow the event? | No |
| Can an arbitral award be annulled in your jurisdiction? If yes, do the reasons for annulment in principle correspond to the reasons for denial of enforcement according to the New York Convention? | Yes, the Law of Conciliation and Arbitration N. 708 establishes certain causes by which the recognition and execution of an Arbitral Award may be denied, among those, the most important is an award that contradicts public policy. The causes for denying the recognition and execution of an Arbitral Award coincide with those mentioned in the New York Convention. |
| Link to institutional rules | |
| Link to model clause |
Lex Mundi Global Arbitration Institutions Guide
Bolivia
(Latin America/Caribbean) Firm C.R. & F. Rojas - AbogadosContributors Manfredo Kempff Diego Rojas
Updated 20 Nov 2018Center for Arbitration and Conciliation of the Chamber of Industry, Commerce, Services and Tourism of Santa Cruz de la Sierra ("CCAC").
Santa Cruz de la Sierra, Bolivia
The Chamber of Industry, Commerce, Services and Tourism of Santa Cruz de la Sierra is the umbrella organization for the the CCAC, but the ICC is also represented in the CCAC.
The CCAC is a technical and legal body that administers, promotes and facilitates conciliation and arbitration. It operates under the umbrella of the Chamber of Industry, Commerce, Services and Tourism of Santa Cruz and enjoys management autonomy. The CCAC is managed by a Board of Directors composed of registered arbitrators.
The arbitration will be in charge of arbitrators that make up the official list of authorized arbitrators of the CCAC, the same ones that fulfill the personal, professional, suitability and capacity requirements demanded by the CCAC norms to substantiate the arbitration processes.
The arbitration proceedings must take place at CCAC's headquarters, which is the deafult place of arbitration.
The registration fee to initiate a process is USD 180.00.
According to the CCAC official tariffs, the costs would be the following: arbitrator $us. 16,640.00 / Secretary $us. 1,040.00 / CCAC $us. 8,320.00 / Total $us. 26,000.00.
According to the CCAC official tariffs, the costs would be the following: three arbitrators $us. 123,520.00 / Secretary $us. 7,720.00 / CCAC $us. 61,760.00 / Total $us. 193,000.00.
According to the CCAC official tariffs, the costs would be the following: three arbitrators $us. 832,000.00 / Secretary $us. 52,000.00 / CCAC $us. 416,000.00 / Total $us. 1,300,000.00.
The parties each of them will pay 50% of the fees and expenses. The party that fails to pay the corresponding amounts within the established term, will be subject to an additional one hundred percent increase of the unpaid amount. The debits will be consigned in the Award for their respective collection.
The parties must respect and follow the precepts of the Law of Conciliation and Arbitration N. 708 dated June 25, 2015 and the regulations of the CCAC.
The parties may decide on the language or languages ​​with which the conciliation or arbitration will be developed, as well as the participation of translators and interpreters required in the proceedings. In the absence of an agreement on the language, Spanish will prevail.
The Secretary of the Arbitral Tribunal is the main point of contact for the parties within the Arbitral Institution.
The parties may freely decide on the language or languages ​​with which the conciliation or arbitration shall take place.
Any of the parties may appoints substitute arbitrators if this is contemplated in the arbitral clause, if not, if the Technical Council of the CCAC will appoint substitute arbitrators.
No
Yes
The most common evidence-taking practices are those regulated by the the Law of Conciliation and Arbitration N. 708 and the Code of Civil Procedure, such as calling witnesses, on site inspections and submission of expert reports on the matter at hand.
The award will be dictated by the Court within a period not exceeding one hundred and eighty (180) calendar days, computable from the date of installation of the Arbitral Tribunal. The suspensions agreed upon by the parties and other cases provided for in these regulations are not computed within this term.
The maximum term is (180) calendar days from the date of installation of the Arbitral Tribunal.
It can be extended only once for an additional (30) calendar days.
According to the Law of Conciliation and Arbitration N. 708, a party to an arbitration may request interim or precautionary measure which must be submitted, approved and enforced by an ordinary judicial court.
Yes, the rules provide that any of the parties may request an emergency arbitrator if it is expressly agreed in the arbitral clause.
There is no special procedure for expedited proceedings, although the parties can agree to shorten the duration of the arbitration.
No, arbitrators are independent and do not respond to any other authority. The award however, may be subject to scrutiny by the CCAC if the arbitral proceedings failed to compy with the applicable regulations.
No
Yes, the Law of Conciliation and Arbitration N. 708 establishes certain causes by which the recognition and execution of an Arbitral Award may be denied, among those, the most important is an award that contradicts public policy. The causes for denying the recognition and execution of an Arbitral Award coincide with those mentioned in the New York Convention.