Guide to Electronic Conciliation and Arbitration - CCA CCIT - VF

subsections a. and g. of the Regulations of the CCA CCIT, suggests the following guidelines, which were designed to be adopted, by mutual agreement of the parties, for arbitral proceedings that are currently under the administration of the Center and those that are filed from this date forward. In the event that the parties are unable to reach an agreement on the adoption of these guidelines, the Arbitral Tribunal, in exercise of the powers it has in accordance with article 37 numeral 6 of the Regulations of this Arbitration Center, shall be responsible for making the decision to apply them. TITLE I ELECTRONIC CONCILIATION I. SUBMISSION OF CONCILIATION REQUEST 1. The Center may receive the request to initiate a conciliation process in digital format at the following email address cca@ccit.hn or by using and completing the form found on the Center's website. This digital submission shall be processed by the Center on business days and hours, which in accordance with the Center's Regulations, are the days and hours when the Center is open to the public. For documents exceeding 15 MB, other mechanisms such as "onedrive", "googledrive" or "wetransfer" may be used. Access to the documents must remain enabled for the duration of the proceedings. 2. The Center shall review all information received by the requesting party in order to verify compliance with the requirements established for its processing. II. CONCILIATION HEARING 1. The invitation to hold the conciliation hearing shall be made by sending the link or connection to the Cisco Webex videoconferencing software available to the Center, with sufficient advance notice to the date of the hearing. In this regard, when the Center schedules the meeting, it shall send: a. Email to the parties informing them of the virtual hearing, including instructions for connection. b. Email to the Conciliator informing of the virtual hearing, including instructions for connection. c. Email to the legal representatives, in case any of the parties requests it, informing them of the virtual hearing, including instructions for connection. 2. If one or all of the parties, despite having been duly notified, whether or not they provided an acknowledgment of receipt, fail to attend the hearing, the proceedings shall continue in accordance with the provisions of the Regulations of this Center and the Conciliation and Arbitration Law. If one or all of the parties request a postponement of the hearing with justified cause, the Center shall set a new date for the conciliation hearing. 3. Once the hearing begins, the following information verification mechanisms shall be followed: a. To verify the identity of the parties, they shall be requested to show their personal identification document through the camera. b. To verify documents proving power of attorney and/or constitutive documents of legal entities, in the case of juridical persons, they must be sent digitally at least one day prior to the hearing. c. Conciliation hearings conducted in accordance with these guidelines shall be recorded in video only in their initial part, that is, at the moment when the conciliator verifies attendance and the identity of the parties. Once this verification of attendees and identification of the parties has been completed, the recording must be stopped, in accordance with the confidentiality principle that governs these types of hearings. d. Once the hearing is concluded, the Conciliator shall draw up minutes, which shall be sent to the parties by email for their respective electronic signature. e. The header of the minutes must clearly state that the hearing was conducted through the use of virtual means. f. Once all signatures are obtained, the Center shall send the minutes digitally to the attendees. 4. The Conciliator may suspend or postpone a hearing in the event that, due to technical failures not attributable to the parties, the hearing cannot be held in a reasonable manner. TITLE II ELECTRONIC ARBITRATION I. ELECTRONIC COMMUNICATIONS AND NOTICES 1. Article 40 subsection c) of the Regulations of the CCA CCIT establishes that notifications made through any means of electronic communication shall be equally valid, provided that proof of receipt by the recipient can be demonstrated. 2. For proceedings currently in process, the parties are requested to inform the Secretary of the Arbitral Tribunal and the Center of the email addresses of the persons representing them in the arbitration, including their Legal Representatives and Legal Agents, so that proceedings may continue in an electronic manner. Similarly, the parties must inform the Secretary of the Arbitral Tribunal and the Center of any changes to their email addresses, and notifications made to the last email provided shall be valid, notwithstanding any change in such email addresses that was not reported. II. ADDITIONAL PROVISIONS ON DEADLINES 1. In application of article 43 subsection d. of the CCA Regulations, each Arbitral Tribunal, in addition to the deadlines set forth in the regulations, has the freedom to set those required by the particular procedure, and may therefore establish supplementary rules for the calculation of deadlines, such as: (i) specifying that deadlines are calculated from the day following the sending by email of a particular communication or notice and (ii) establishing a specific time of day (considering UTC timezone) as the end of the term. III. HANDLING OF ELECTRONIC DOCUMENTATION 1. If necessary, due to restrictions on the storage capacity of email servers (MB limit for attachments), one may resort to links from platforms that allow sharing of documents in a cloud, evaluating the degree of security of these. Access to documents must remain enabled for the duration of the proceedings. 2. Digitalized documents submitted by the parties to the file shall be considered valid and authentic if none of them challenge them. If any party challenges the validity or authenticity of any document that has been submitted digitally, they must present evidence at the appropriate procedural moment and the Arbitral Tribunal shall decide on its validity or authenticity, once the foregoing is confirmed or the Tribunal shall rule in its Arbitral Award. IV. ADMINISTRATIVE OR INITIAL STAGE A. SUBMISSION OF ARBITRATION REQUEST 1. The Center may receive the request to initiate an arbitration process in digital format at the following email address cca@ccit.hn or by using and completing the form found on the Center's website. This digital submission shall be processed by the Center on business days and hours, which in accordance with the Center's Regulations, are the days and hours when the Center is open to the public. For documents exceeding 15 MB, other mechanisms such as "onedrive", "googledrive" or "wetransfer" may be used. Access to the documents must remain enabled for the duration of the proceedings. 2. With regard to article 40 subsection c) of the Regulations of the CCA CCIT, communications and notices related to arbitration may be served to the email addresses listed in the arbitration request. 3. The Center shall review all information received by the requesting party in order to verify compliance with the requirements established for its processing. B. CONCILIATION HEARING 1. The invitation to hold such hearing shall be made by sending the link or connection to the Cisco Webex videoconferencing software available to the Center. In this regard, when the Center schedules the meeting, it shall send: a. Email to the parties informing them of the virtual hearing, including instructions for connection. b. Email to the Conciliator informing of the virtual hearing, including instructions for connection. c. Email to the legal representatives, in case any of the parties requests it, informing them of the virtual hearing, including instructions for connection. 2. If one or all of the parties, despite having been duly notified, whether or not they provided an acknowledgment of receipt, fail to attend the hearing, the proceedings shall continue in accordance with the provisions of the Regulations of this Center and the Conciliation and Arbitration Law. If one or all of the parties request a postponement with justified cause, the Center shall set a new date for the conciliation hearing. 3. Once the hearing begins, the following information verification mechanisms shall be followed: a. To verify the identity of the parties, they shall be requested to show their personal identification document through the camera. b. To verify documents proving power of attorney and/or constitutive documents of legal entities, in the case of juridical persons, they must be sent digitally at least one day prior to the hearing. c. Conciliation hearings conducted in accordance with these guidelines shall be recorded in video only in their initial part, that is, at the moment when the conciliator verifies attendance and the identity of the parties. Once this verification of attendees and identification of the parties has been completed, the recording must be stopped, in accordance with the confidentiality principle that governs these types of hearings. d. Once the hearing is concluded, the Conciliator shall draw up minutes, which shall be sent to the parties by email for their respective electronic signature. e. The header of the minutes must clearly state that the hearing was conducted through the use of virtual means. f. Once all signatures are obtained, the Center shall send the minutes digitally. 4. The Conciliator may suspend or postpone a hearing in the event that, due to technical failures not attributable to the parties, the hearing cannot be held in a reasonable manner. C. APPOINTMENT OF ARBITRATORS 1. In proceedings in which the arbitral tribunal has not yet been constituted, the Director shall adopt the necessary measures and carry out the processes required to complete its composition and continue with the conduct of arbitrations by virtual means, according to the circumstances of each case, as authorized by articles 4 literal "h", and 10 literals "g" and "o" of the Center's Regulations. 2. When the parties are responsible for the appointment of arbitrators, the communications regarding such appointments must be sent by email directed to the Director of the CCA, with copies to all parties. 3. The Center shall send electronically to the appointed arbitrators and to the parties, the appointment notice whether it is the designation made by the Center or the parties, as applicable. 4. The response of the arbitrators regarding their acceptance or rejection of the appointment must be sent by email directed to the Director of the CCA with copies to all parties. D. INSTALLATION HEARING 1. The file with all proceedings conducted up to the date the Arbitral Tribunal is constituted shall be available in digital form, and shall be sent to the Arbitral Tribunal on the day before the installation hearing is held. 2. The invitation to hold such hearing shall be made through the link or connection to the Cisco Webex videoconferencing software available to the Center. In this regard, when the Center schedules the meeting, it shall send: a. Email to the Arbitral Tribunal informing them of the virtual hearing, including instructions for connection. b. Email to the parties informing them of the virtual hearing, including instructions for connection. c. Email to the legal representatives, informing them of the virtual hearing, including instructions for connection. 3. If one or all of the parties, despite having been duly notified, fail to attend the hearing, the Arbitral Tribunal shall be constituted; once constituted it shall decide on this matter. In the event that the parties request a postponement of the installation hearing, the Arbitral Tribunal shall be constituted; once constituted it shall decide on this matter. 4. Once the hearing begins, the following information verification mechanisms shall be followed: a. To verify the identity of the parties, they shall be requested to show their personal identification document through the camera. b. To verify documents proving power of attorney and/or constitutive documents of legal entities, in the case of juridical persons, they must be sent digitally at least one day before the hearing. c. Once the hearing is concluded, the Ad hoc Secretary shall draw up minutes, which shall be sent to the Arbitral Tribunal, to the parties in case they attended the hearing, and to their legal representatives, by email, for their respective electronic signature. d. The header of the minutes must clearly state that the hearing was conducted through the use of virtual means. e. Once all signatures are obtained, the Center shall send the minutes digitally. f. Arbitral Tribunal installation hearings conducted in accordance with these guidelines shall be recorded in video. 5. The Arbitral Tribunal, in exercise of its powers, in accordance with article 37 numeral 6 of the Regulations of the CCA CCIT, may suspend or postpone a hearing in the event that, due to technical failures not attributable to the parties, the hearing cannot be held in a reasonable manner. V. ARBITRAL STAGE A. FILE 1. In proceedings in which there are already specific rules and schedules of actions established by the arbitral tribunals, the arbitrators, after hearing the parties, must establish additional rules that allow proceedings and the holding of hearings to continue in a virtual manner, in accordance with what is established in this guide, according to the circumstances of each case, in accordance with article 37 numeral 6 of the Regulations of the CCA CCIT. 2. The Secretary of the Arbitral Tribunal must coordinate with the Center the holding of virtual hearings. B. HEARINGS B.1. PREPARATORY ADMINISTRATIVE HEARINGS 1. For the holding of virtual hearings, arbitral tribunals shall convene a telephone conference with the parties for the purpose of establishing with them the necessary requirements for its conduct and reviewing the rules applicable to the hearing and conducting the necessary tests to resolve in advance any technical problems that may arise. 2. In this conference, it is suggested to evaluate the degrees of security and confidentiality provided by various platforms, in case they do not use the one provided by the Center, as well as other aspects that they deem appropriate to take into account in order to conduct the hearing in the most appropriate manner for the case (security measures for access and identification of the parties in the virtual hearing, protocols for the participation of the parties, witnesses and experts – including the determination of mechanisms so that witnesses do not receive instructions during the hearing, alternatives in case of connection failures, etc.). B.2. PROCEDURAL HEARINGS 1. In accordance with article 37 numeral 6 of the Regulations of the CCA CCIT, which establishes that anything not provided for in the Regulations, and absent an agreement of the parties, shall be resolved by the arbitral tribunal, as well as the provisions of article 44 of said regulations, regarding that, unless agreed otherwise, the arbitral tribunal may meet in any place it deems appropriate. With this, it is clarified through this guide, that the term ´place´ established in article 44 of the Regulations must be understood to include a virtual space or location. 2. In accordance with article 47 of the Regulations of the CCA, which establishes that arbitral tribunals are governed by the principle of orality and that actions carried out in accordance with this principle may be recorded by any means or material support. In accordance with this provision, the Center holds the license for the Cisco Webex videoconferencing software for the conduct of hearings, which it makes available to the parties and arbitral tribunals. 3. Notwithstanding the foregoing, the parties and the arbitral tribunal may agree that hearings be held through any other platform that meets their needs, provided that it complies with the minimum technical requirements established in this guide, in Section VI. 4. Once the hearing is concluded, the Secretary of the Arbitral Tribunal shall draw up minutes, which shall be sent to the Arbitrators, to the parties in case they attended the hearing, and to their legal representatives, by email, for it to be electronically signed. 5. The header of the minutes must clearly state that the hearing was conducted through the use of virtual means. 6. The Arbitral Tribunal, in exercise of its powers, in accordance with article 37 numeral 6 of the Regulations of the CCA CCIT, may suspend or postpone a hearing in the event that, due to technical failures not attributable to the parties, the hearing cannot be held in a reasonable manner. C. ARBITRAL AWARD 1. Arbitral tribunals must take the necessary measures to serve the arbitral award in an electronic manner. Likewise, once the Arbitral Award has been served to the parties, arbitral tribunals shall make available to each of the parties at the CCA CCIT an authenticated copy thereof. VI. MINIMUM TECHNICAL REQUIREMENTS 1. The parties and the Arbitral Tribunal must take all actions to ensure that their connection to the hearings is made in a timely manner. Similarly, it shall be the responsibility of the Arbitral Tribunal and the parties to take the necessary measures to guarantee the confidentiality and preservation of the meetings, communications and material records conducted through virtual or digital means during the proceedings. 2. The parties and the Arbitral Tribunal must have a person with the necessary technical knowledge to respond to calls and solve any technical problems that may arise during the conduct of the hearing. 3. The foregoing provisions apply in the case of witnesses, experts, interpreters, or any other as applicable. 4. The videoconference must be of high quality to allow for clear transmission and recording of audio and video of what occurs in it. For which the minimum transmission speed of the connection of the participants must be no less than 256 bps/second, 30 frames/second, and the minimum resolution is standard HD. 5. The cameras and microphones that must be used by the participants in the hearing must allow for the achievement of the clarity of video and audio mentioned above. VII. FINAL PROVISIONS 1. The parties and arbitral tribunals may adopt these guidelines in the most flexible and efficient manner possible according to the needs and circumstances of each case, and endeavor to ensure that the arbitration continues with its development and in such a way that the parties achieve a definitive solution to their dispute. 2. Due to the benefits and advantages provided by electronic processing of arbitration, the Center shall continue with this processing even after the State of Emergency concludes, and until the Arbitration Commission so determines, for which it shall continue digitizing all documentation from the proceedings that have been conducted in physical form and shall continue forming an electronic record of the proceedings. 3. This guide shall enter into force as of its publication on the website portal of the Conciliation and Arbitration Center of the Chamber of Commerce and Industry of Tegucigalpa. Note: This Electronic Conciliation and Arbitration Guide of the Conciliation and Arbitration Center of the Chamber of Commerce and Industry of Tegucigalpa was published on the website portal of the Conciliation and Arbitration Center of the Chamber of Commerce and Industry of Tegucigalpa on December 18, 2020.