The Center of Arbitration and Conciliation of the Chamber of Commerce of Bogotá (hereafter “CAC”), through the Circular 002 of March 20, 2020 informed about how arbitration proceedings will be conducted online:

 

Administrative phase:

  1. The file of statements of claim and documents will be only attended online.
  2. The designation meetings will be done through Cisco, notwithstanding that other platforms can be used, and its schedule will be in charge of the CAC lawyer. To ensure that the parties are duly informed of the hearing, the CAC will send the summons through email and certified mail.

If the parties do not attend the meeting, it must be rescheduled and if one of the parties, despite having been duly informed, do not attend the designation meeting, the consequences will be the same as in the case of in-person meetings, depending on the dispositions of the arbitration clause.

As a part of the meeting, a record of the meeting will be made. This record must include the online realization of it and the parties must approve its content through email.

  1. For the installation hearings preparation, a record of the case will be available online for the Tribunal and the day before the hearing a draft of its record will be sent. The CAC lawyer will schedule the meeting and inform the parties and the arbitrators through email and certified mail.

During the hearing, the parties will be asked to prove their identity and once the hearing has been concluded, a record will be done by the ad hoc secretary, who must include the relevant information regarding the development of the hearing.  The hearing´s record must be sent to the Tribunal and the parties, the decisions contained in the record will be notified under the dispositions of article 23, Arbitration Statute.

The statement of claim will be transferred to the counterparty through email and certified mail, following article 23, Arbitration Statute.

Arbitration phase:

  1. The hearings will be coordinated by the secretary to the Arbitral Tribunal and the support assistant of the Center, the recording of the sessions and its transcription may be requested, the same way as it is usually done.
  1. The record of the case must be kept up-to-date and available online by the secretary, the digitization staff will remain available at the CAC’s headquarters until further notice. In the cases whose claims have been filed virtually, for now the only type of record that will be used is the electronic one.