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Brazilian arbitration: CAM-CCBC 2025 Early Production of Evidence Rules for non‑urgent pre‑claim evidence before an evidence arbitrator

Published on: 26 February 2025

Published by a LexisNexis Arbitration expert
Legal News
Article summary

Early Production of Evidence (‘EPE’)

Early Production of Evidence (‘EPE’) enables parties to seek the disclosure of evidence from an appointed arbitrator—commonly termed the ‘evidence arbitrator’—through a distinct, self-contained procedure. Effective dispute management depends on identifying the facts that must be proved and assessing the evidence available. As a result, EPE operates as a dispute-prevention measure, fostering settlements and allowing parties to evaluate the viability of their claims before commencing arbitration. This mechanism is vital for scrutinising a case prior to advancing a full claim to an Arbitral Tribunal. Recognised under Brazilian procedural law, EPE is underpinned by the 2015 Brazilian Code of Civil Procedure (CPC), which authorises its application in specified situations, including circumstances where advance clarification of facts may justify or avoid litigation...

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