On April 1, 2026, the new Regulations of Conciliation and Arbitration of the Centro Empresarial de Conciliación y Arbitraje ("CEDCA") entered into force, following approval by its General Assembly of Members. The reform is the most comprehensive since the CEDCA's founding. If your company has — or should have — a CEDCA arbitration clause, these changes affect you directly.
The table below contains a detailed review of the changes, from which we highlight the following:
A third lane for smaller disputes
- The 2026 Regulations created a Small Claims Procedure for disputes of up to USD 30,000, with total fixed costs of approximately USD 2,930 + VAT and an award rendered within 10 business days of the closing of the evidentiary stage.
- The arbitrator is appointed directly by the CEDCA Board of Directors — without a party selection process — which accelerates the constitution of the tribunal and reduces the time to a final decision.
- With this new procedure, the CEDCA becomes a genuine alternative to the ordinary courts for typical contractual disputes of small and medium-sized enterprises: commercial debts, services not rendered, unpaid fees.
- The three procedures now available form a tiered menu: Small Claims (up to USD 30,000), Expedited (up to USD 100,000), and Regular (no cap on the amount in dispute).
From exclusion to inclusion: how arbitrators are selected under the new rules
- The 2020 Regulations allowed each party to exclude up to 60% of the CEDCA's official list of arbitrators. That model could potentially produce reduced lists by subtraction and, in extreme cases, empty lists.
- The 2026 Regulations reverse the logic: each party may include up to 30% of the arbitrators on the List. Arbitrators included by either party automatically form the Short List from which the Board of Directors appoints.
- The practical consequence is immediate: parties must know the CEDCA's official list thoroughly and adopt a proactive selection strategy — not merely a reactive one.
Third-party funding: an express disclosure obligation
- If any party receives funding from a third party to cover the costs of the proceedings, it must immediately disclose the identity of the funder and the terms of the funding agreement — even if that agreement was entered into before the arbitration commenced.
- Failure to comply may generate grounds for challenging an arbitrator who has a relationship with the funder and could, potentially, compromise the validity of the award.
- The CEDCA thereby aligns itself with the most advanced arbitration rules in the world (ICC, ICSID, SIAC) on transparency in litigation finance.
The Arbitral Secretary: from a supporting role to a key procedural actor
- The 2020 Regulations addressed the Arbitral Secretary in three subsections. The 2026 Regulations do so in 11, covering specific functions, obligations of independence and impartiality, and a clear procedure for resignation and removal.
- In complex arbitrations, appointing a qualified Secretary can be as strategically significant as appointing the arbitrator itself.
- The Secretary's fees amount to 10% of the Tribunal's total fees and are deducted from them — they are not an additional cost to the parties.
Code of Ethics and Conduct
- The 2026 Regulations also expressly incorporate a reference to the CEDCA's "Code of Ethics and Conduct", which includes a disciplinary regime and anti-corruption provisions. Arbitrators must expressly commit to comply with it as a condition of accepting their appointment, which ratifies the ethical standard of Venezuelan arbitral practice.
Published awards: the beginning of Venezuelan arbitral jurisprudence
- The CEDCA will publish relevant awards rendered under its Regulations, with all confidential information removed. This is the first time a Venezuelan arbitral institution has adopted a policy of systematic publication of its decisions.
- Publishing awards enables the formation of institutional jurisprudence, increases predictability in how CEDCA's arbitrators apply its rules, and reduces litigation on issues already resolved in prior awards.
- Over time, this change raises the standard of Venezuelan arbitral practice and strengthens user confidence in the institution.
What should your company do now?
The 2026 Regulations are not merely a technical update: they redefine the rules of the game for any company that resolves — or plans to resolve — its commercial disputes through CEDCA's institutional arbitration. Reviewing/renegotiating existing arbitration clauses, updating future contracts, and familiarizing yourself with the CEDCA's new official list are immediate steps every company should take.
Ágora Abogados SC advises domestic and international clients on commercial arbitration, drafting and negotiating arbitration clauses, and representation before the CEDCA and other arbitral forums. We have experience designing dispute resolution strategies tailored to Venezuelan and international realities.
Because in commercial disputes, the rules of discussion matter as much as the merits of the case.
Comparative Table: CEDCA Regulations 2020 vs. 2026
Ágora Abogados SC · April 3, 2026
A. General Structure of the Regulations
| Topic / Provision | CEDCA Regulations 2020 | CEDCA Regulations 2026 | Practical Impact |
|---|
| Number of articles and Titles | 60 articles, organized in 5 Titles. | 68 articles, organized in 6 Titles. | The incorporation of the Small Claims Procedure (Title IV) offers a fast and economical avenue for low-value disputes, competing with ordinary courts in efficiency. |
B. Definitions and Scope (Art. 1)
| Topic / Provision | CEDCA Regulations 2020 | CEDCA Regulations 2026 | Practical Impact |
|---|
| Catalog of definitions (Art. 1) | 15 definitions. Includes: Arbitration agreement, Institutional arbitration, Closing of the evidentiary stage (implicit in Art. 36.6), Executive Director, Case file, Official list of arbitrators, among others. | 20 definitions. Added: Acquiescence (voluntary acceptance by the arbitrator of his/her disqualification); Closing of the evidentiary stage (formal declaration that closes the evidentiary period and prevents new evidence); Right of inclusion (faculty of each party to include up to 30% of the arbitrators on the Short List); Electronic means (mandatory means for submitting requests and briefs); Small claims procedure (new arbitral avenue for minimum-value disputes). | The incorporation of these definitions reduces interpretive discretion and provides certainty. The definition of "electronic means" is particularly relevant, as it makes digital filing mandatory and expressly validates virtual proceedings. |
C. Institutional Integrity of the CEDCA (Art. 2)
| Topic / Provision | CEDCA Regulations 2020 | CEDCA Regulations 2026 | Practical Impact |
|---|
| Prohibition of conflicts of interest of the CEDCA (Art. 2.7) | The CEDCA, its bodies and employees may not serve as arbitrators or representatives in proceedings administered by the CEDCA. | The prohibition is expressly extended to: Members of the Board of Directors; Partners, employees, and dependents; Companies or entities in which any of the foregoing persons has an interest in the proceedings. | Closes a potential gap: it could previously be argued that Board members or affiliated companies were not explicitly covered. Reinforces the structural impartiality of the CEDCA as an institution. |
D. Conciliation Procedure (Arts. 5, 10, 11)
| Topic / Provision | CEDCA Regulations 2020 | CEDCA Regulations 2026 | Practical Impact |
|---|
| Request for conciliation (Art. 5.2) | The interested party must submit the conciliation request to the Executive Directorate of the CEDCA. | The request must be submitted "by electronic means" to the Executive Directorate of the CEDCA. | Mandatory digitization from the first step of the proceedings. Reduces operating costs, accelerates commencement, and facilitates case file traceability. |
| Scheduling and format of conciliation hearings (Art. 10) | The conciliator schedules the parties indicating the day, time, and place of the hearing. | The conciliator schedules indicating the day, time, place, and "format" of the hearing. | The addition of "format" expressly authorizes conciliation hearings to be held virtually or in a hybrid format, aligning the Regulations with post-pandemic practice. |
| Approval award (Art. 11.2) | If the parties reach a conciliation agreement, the Tribunal may convert it into an arbitral award, which is subject to prior submission under the Regulations. | The award approving the conciliation agreement is not subject to prior submission under the Regulations. | Eliminates a bureaucratic step: The approval award becomes immediately final, expediting enforcement of the conciliation agreement. |
| Cessation of the Tribunal upon conciliation (Art. 11.3) | When the parties reach a conciliation agreement after the Arbitral Tribunal has been constituted, the parties may request that the Tribunal issue the approval award. | Simplified: When conciliation occurs after the Arbitral Tribunal has been constituted, the Tribunal shall cease its functions. | Clarifies the procedural effect of the conciliation agreement post-constitution: The Tribunal is dissolved without any additional act being required. |
E. Commencement of Arbitration and Consolidation (Arts. 13, 14, 18, 19, 21, 22)
| Topic / Provision | CEDCA Regulations 2020 | CEDCA Regulations 2026 | Practical Impact |
|---|
| Consolidation of contracts / related claims (Art. 13.4) | The Board may consolidate "multiple contracts" in a single arbitration if the arbitration agreements are compatible. | Incorporates "related claims" alongside multiple contracts. Expressly requires that the arbitration agreements be compatible with each other. | Expands the grounds for consolidation beyond the contractual nexus: it is sufficient that the claims be connected. The requirement of compatibility among arbitration agreements provides greater legal certainty. |
| Joinder of third parties (Art. 14.4) | A third party may be joined to the arbitration before the Arbitral Tribunal is constituted. | The third party joining the arbitration must accept the Arbitral Tribunal as constituted. | Protects the composition of the already-appointed Tribunal. Prevents the late joinder of a third party from generating strategic challenges that delay the proceedings. |
| Tacit waiver of procedural defenses (Art. 18) | A party that does not raise a procedural defense within two (2) business days of becoming aware of the ground is deemed to have tacitly waived it. | The deadline is extended to five (5) business days. | The longer deadline reduces the risk of inadvertent waivers due to oversight, giving parties reasonable time to assess their defenses. A pro-party change. |
| Filing of requests with the CEDCA (Art. 19) | Requests to the CEDCA must be submitted in writing. | Requests must be submitted "by electronic means" to the Executive Directorate of the CEDCA. | Consolidates the digitization of the arbitral proceedings. Electronic filing automatically generates a virtual record with date and time. |
| Continuation of arbitration in the absence of an answer (Art. 21.7) | No express provision regarding the effects of failure to file an answer to the arbitration request. | Art. 21.7 is added: If the respondent does not file its answer, the arbitration shall continue its course without this implying admission of the facts alleged by the claimant. | Eliminates uncertainty about the effect of non-response. Clarifies that silence does not equal admission (deemed confession) and that the proceedings are not stayed. |
| Conciliation hearings do not stay the arbitration (Art. 22.6) | No express provision. | Art. 22.6 is added: Conciliation hearings shall not stay the course of the arbitral proceedings, unless the parties agree otherwise. | Prevents the initiation of conciliation proceedings from being used as a dilatory tactic. The Tribunal may continue to advance while a settlement is explored. |
F. Arbitrators: Independence, Challenge, and Selection (Arts. 23, 24)
| Topic / Provision | CEDCA Regulations 2020 | CEDCA Regulations 2026 | Practical Impact |
|---|
| Acquiescence to disqualification or challenge (Art. 23.3) | The challenged or disqualified arbitrator may voluntarily resign, but there is no formal "acquiescence" mechanism with a defined deadline. | New Art. 23.3: The disqualified or challenged arbitrator may "acquiesce" (accept his/her removal) within four (4) business days following notification. If the arbitrator acquiesces, he/she is removed without any decision from the Board. | Expedites the resolution of incidents regarding the composition of the Tribunal. The arbitrator can voluntarily acknowledge the ground, avoiding a contested debate before the Board and reducing delays. |
| Commitment to the Code of Ethics and Conduct (Art. 23.4) | Arbitrators agree to be bound by the CEDCA's "Code of Ethics". | The reference is updated to the "Code of Ethics and Conduct" with a disciplinary regime and anti-corruption provisions, with an express commitment to comply with it as a condition of accepting the appointment. | Updates and expands the Code. |
| Promotion of amicable settlement by the Tribunal (Art. 23.5) | No express provision. | New Art. 23.5: The Arbitral Tribunal shall at all times promote that the parties reach an amicable settlement. | Converts the arbitrator into an active facilitator of a negotiated resolution, without compromising independence. Aligns the Regulations with the international trend of arbitrations with a mediation component. |
| Arbitrator selection mechanism: Right of inclusion vs. Right of exclusion (Art. 24) | Right of exclusion: Each party may exclude up to 60% of the arbitrators on the Official List sent by the CEDCA (consisting of 10 arbitrators). The non-excluded arbitrators form the Short List. 8 subsections (Arts. 24.1–24.8). | Right of inclusion: The CEDCA sends the parties the complete Official List. Each party may "include" up to 30% of the arbitrators on the Short List. Arbitrators included by either party automatically form the Short List from which the Board appoints the arbitrator(s). Process restructured in 17 subsections (Arts. 24.1–24.17). | Paradigm shift: The exclusion model could produce reduced lists by subtraction and could result in very short or empty lists if both parties excluded overlapping arbitrators. The inclusion model builds the list by addition, ensuring that at least the arbitrators included by either party are considered. Requires greater knowledge of the Official List; incentivizes positive strategic selection. |
G. Arbitral Tribunal Secretary (Art. 27)
| Topic / Provision | CEDCA Regulations 2020 | CEDCA Regulations 2026 | Practical Impact |
|---|
| Regime of the Arbitral Tribunal Secretary (Art. 27) | Minimal regulation in approximately 3 subsections: The Tribunal may appoint a Secretary; the parties must approve his/her appointment; the Secretary assists the Tribunal in its administrative functions. | Comprehensive regime in 11 subsections that includes: qualifications and appointment process; list of specific functions (safeguarding the case file, communicating decisions, assisting at hearings, keeping the minutes, coordinating with the CEDCA); obligations of independence and impartiality; procedure for resignation and removal; Secretary's fees set by the Executive Director; prohibition on acting as counsel for any of the parties. | Professionalization of the role of the Secretary, which in complex arbitrations is essential for case file management. The detailed regulation reduces disputes over the scope of his/her functions and protects the Tribunal from challenges regarding the Secretary's conduct. |
H. Constitution and Terms of Reference (Arts. 29, 30, 31)
| Topic / Provision | CEDCA Regulations 2020 | CEDCA Regulations 2026 | Practical Impact |
|---|
| Copies for arbitrators at constitution (Art. 29) | At the constitution hearing, physical copies of the main briefs are delivered to the arbitrators. | Arbitrators receive "digital" (electronic) copies of the main briefs at the constitution hearing. | Facilitates case file management by arbitrators working in different cities or countries. Reduces reproduction costs and expedites review of the case file from the outset. |
| Place and format of hearings (Art. 30) | Hearings are held at the place agreed by the parties or determined by the Arbitral Tribunal (in person). | "Electronic means" are added as a valid option for holding hearings. | Expressly establishes virtual hearings as a valid forum for arbitration. Eliminates challenges to the validity of virtual hearings and reduces costs for parties in different jurisdictions. |
| Content of the Terms of Reference (Art. 31) | The Terms of Reference must contain, at a minimum: (a) Parties and representatives; (b) Summary of claims; (c) Issues in dispute; (d) Language; (e) Seat; (f) Applicable substantive law; (g) Applicable procedural law. | Three new mandatory items are added: (h) Format of hearings (in person, virtual, or hybrid); (i) Identification of the Tribunal Secretary, if any; (j) Any other procedural agreement that the parties or the Tribunal consider relevant to include. | The new items (h) and (i) provide certainty from the outset regarding the operational conditions of the arbitration. Item (j) functions as a catch-all clause that allows the Terms of Reference to be adapted to the particulars of each case. |
I. Evidentiary Stage and Closing of the Record (Art. 36/37)
| Topic / Provision | CEDCA Regulations 2020 | CEDCA Regulations 2026 | Practical Impact |
|---|
| Formal closing of the evidentiary stage (Art. 36.6 of 2026 / Art. 37.6 of 2020) | The Tribunal may declare the termination of the evidentiary stage when it considers that the parties have had sufficient opportunity to prove their allegations. | The declaration of the "closing of the record" is now a defined procedural term (Art. 1). Art. 36.6: once the closing is declared, "no new evidence shall be admitted, save at the Tribunal's request or authorization". The deadline for the Award runs from this moment. | The formalization of the "closing of the record" as an autonomous procedural act with express effects eliminates debates over when the deadline for the Award begins and over the admissibility of late-filed evidence. |
J. Interim Measures (Art. 38)
| Topic / Provision | CEDCA Regulations 2020 | CEDCA Regulations 2026 | Practical Impact |
|---|
| Inaudita parte measures (Art. 38.3) | Interim measures must be issued by a reasoned decision and are not subject to prior submission. The possibility of issuing them inaudita parte is not expressly established. | The Emergency Arbitral Tribunal may issue interim measures inaudita parte when it considers it justified. The Tribunal will determine in due course whether to notify the arbitration request or the measure to the affected party. | Adoption of a mechanism recognized in the leading international regulations (ICC, LCIA, SIAC). Allows effective protection of assets in extreme urgent situations where prior notification would frustrate the measure. |
| Mechanism to oppose interim measures (Art. 38.5) | No formal procedure to oppose granted interim measures. | The affected party may oppose the interim measure by submitting a brief "by electronic means" to the Executive Director. The Emergency Tribunal will hear the opposition, and the merits Tribunal (Arts. 24 or 49) will be responsible for revoking, modifying, staying, or confirming the measure. | Provides the affected party with an immediate and formal remedy against measures it considers unwarranted. Clearly defines which body hears the opposition and which has final jurisdiction. |
| Protection of trade secrets (Art. 38.6) | No specific provision. | The Arbitral Tribunal may take any measures intended to protect trade or industrial secrets and confidential information. | Expressly recognizes the Tribunal's power to issue confidentiality orders as interim measures. Important for arbitrations in technology, pharmaceutical, or industrial sectors. |
| Deadline to oppose inaudita parte measures (Art. 38.7) | No express provision. | The measure issued inaudita parte must be notified to the affected party within forty-five (45) business days of its notification to the requesting party, so that the affected party may file opposition pursuant to Art. 38.5. | Provides the affected party with a reasonable deadline to react to a measure issued without its knowledge, preserving the right to due process. |
K. Arbitral Award (Arts. 42, 43)
| Topic / Provision | CEDCA Regulations 2020 | CEDCA Regulations 2026 | Practical Impact |
|---|
| Publication of awards for the development of arbitral jurisprudence (Art. 42.5) | No provision regarding the publication of awards. | The CEDCA "will contribute to the formation of arbitral jurisprudence, making public the relevant Awards issued under its Regulations, once all confidential information has been removed". | A significant step toward transparency and the creation of arbitral precedents. Allows lawyers and parties to know the criteria applied by CEDCA arbitrators, predictability that reduces litigation and strengthens trust in the institution. |
| Expert assessment and jurisdiction of the Tribunal (Art. 40.3 / Art. 43.6) | The Award must be integral and self-sufficient. Expert assessment is mentioned but without clarity regarding the Tribunal's jurisdiction after the Award. | Art. 40.3: If the arbitrators' decision provides for an expert assessment, it will be considered an integral part of the Award and "the Tribunal shall retain jurisdiction" until the assessment is completed. "The assessment shall be conducted at the seat of arbitration". | Eliminates uncertainty about whether the Tribunal loses jurisdiction upon issuing the Award when it includes expert assessments. Relevant in cases of damages or interest quantifiable only through a subsequent assessment. |
L. Expedited Procedure (Arts. 46–52 of 2026 / Arts. 46–53 of 2020)
| Topic / Provision | CEDCA Regulations 2020 | CEDCA Regulations 2026 | Practical Impact |
|---|
| Amount threshold for the Expedited Procedure (Art. 46.1 / Appendix Art. 2) | The expedited procedure applies to disputes whose amount does not exceed the figure established in the applicable Schedule of Costs and Fees. No separate Small Claims Procedure is provided. | The 2026 Schedule of Costs and Fees (Art. 2) fixes the threshold for the Expedited Procedure at USD 100,000 (or its equivalent in the currency of the claim at the exchange rate set by the CEDCA). Disputes above that amount are handled under the Regular Procedure. | The express fixing of the threshold at USD 100,000 provides immediate clarity when deciding which procedural track to follow. Practical note: If the amount is indeterminate, the Executive Director sets a conventional value (Art. 3 of the Appendix) that may be determinative for the applicable procedure. |
| Restructuring of the Expedited Procedure (Arts. 46–52 / 46–53) | 8 articles (Arts. 46–53). Art. 52 regulates correction and interpretation of the Expedited Award. Art. 53 contains the supplementary rules. Administrative Filing Fee: identical to the Regular Procedure (USD 1,950 + VAT per 2020 Appendix). | 7 articles (Arts. 46–52). Corrections and interpretation of the Award are integrated in Art. 51 (Award). Art. 52 becomes the supplementary rule. Deadline extensions for the procedure, previously in Art. 52.6, are moved to Art. 50.3. Executive Director (not Executive Secretary) sends the list of arbitrators (Art. 49). Administrative Filing Fee 2026: USD 1,950 + VAT (Art. 1 of the 2026 Appendix). | Structural simplification of the Title. Consolidating the Award and its corrections in a single article facilitates reading. The change from "Executive Secretary" to "Executive Director" reflects the current nomenclature of the institution. |
M. Small Claims Procedure — New Title IV (Arts. 53–59 / Appendix Arts. 5–9)
| Topic / Provision | CEDCA Regulations 2020 | CEDCA Regulations 2026 | Practical Impact |
|---|
| Amount threshold and scope (Art. 53 / Appendix Art. 5) | No equivalent provision. | The 2026 Schedule of Costs and Fees (Art. 5) fixes the threshold at USD 30,000. Applies when the amount does not exceed USD 30,000, with a single claimant and a single respondent, and provided the parties have not expressly excluded it in their arbitration clause. Does not apply: (i) to claims already commenced; (ii) if a party objects (the Board determines the applicable procedure); and (iii) if urgent interim measures are required. | The USD 30,000 threshold positions the Small Claims Procedure as an avenue for typical contractual disputes of small and medium-sized enterprises. The gap of USD 70,000 between the thresholds of the Small Claims Procedure (USD 30,000) and the Expedited Procedure (USD 100,000) is covered by the Expedited Procedure. |
| Cost structure of the Small Claims Procedure (Appendix Arts. 6–9) | No equivalent provision. | Administrative Filing Fee (non-refundable): USD 400 + VAT. Sole arbitrator's fees: USD 1,300 + VAT — FIXED. CEDCA administrative service: USD 1,000 + VAT — FIXED. Additional expenses: 10% of the above. Total estimated cost: ~USD 2,930 + VAT. | The fixed cost structure is the defining characteristic of the Small Claims Procedure: the total cost is predictable from the outset. For a USD 30,000 dispute, arbitration costs represent approximately 9.8% of the amount, making it economically viable. |
| Commencement and proceedings (Arts. 54–57) | No equivalent provision. | Art. 54: Request by electronic means with initial payment and all evidence from the outset. Art. 55: Respondent files its answer within five (5) business days (extendable once). Art. 56: The CEDCA Board appoints the sole arbitrator from the applicable Official List (without a party selection process). Art. 57: Procedural hearing within five (5) business days of constitution; witness and expert statements by written submission only. | The regime concentrates all evidentiary activity in the initial briefs, eliminating the evidence-gathering phase. Direct appointment of the arbitrator by the Board reduces the time for tribunal constitution. |
| Award and supplementary rules (Arts. 58–59) | No equivalent provision. | Art. 58: Award within 10 business days from the closing of the record; brief and summary reasoning; corrections may be requested within three (3) business days. Art. 59: In matters not regulated, the rules of the Expedited Procedure apply, and subsidiarily, those of the Regular Procedure. | The compressed deadlines and brief reasoning significantly reduce the time to enforcement of the Award. |
N. Costs and Expenses (Arts. 54–57 of 2020 / Arts. 60–63 of 2026 / Appendix 2026)
| Topic / Provision | CEDCA Regulations 2020 | CEDCA Regulations 2026 | Practical Impact |
|---|
| Schedule of Costs and Fees: structure and coverage (Art. 54 / Art. 60) | The 2020 Appendix establishes minimum, average, and maximum values for the Regular and Expedited Procedures and fixes the maximum amount for the Expedited Procedure. | The 2026 Appendix expands its coverage to five chapters: (I) Expedited and Regular Procedure; (II) Small Claims Procedure; (III) Conciliation; (IV) Interim Measures; (V) Arbitral Secretary; and (VI) Final Provisions. | The 2026 Appendix for the first time regulates the costs of the Small Claims Procedure and Anticipated Interim Measures as autonomous chapters. The Board may modify the fees without amending the Regulations. |
| Administrative filing fees (Appendix Arts. 1 and 6) | Administrative Filing Fee (Regular and Expedited): Set in the 2020 Appendix. Includes an advance of up to six hours of non-refundable conciliation. | Administrative Filing Fee 2026: Regular and Expedited Procedure: USD 1,950 + VAT. Joinder of additional parties: USD 1,000 + VAT. Small Claims Procedure: USD 400 + VAT. Payable in USD, VES, or any currency at the rate set by the CEDCA. | The Small Claims Procedure fee (USD 400) represents only 20.5% of the Expedited/Regular fee (USD 1,950), significantly reducing the cost of access to arbitration for lower-value disputes. |
| Arbitrator fees: Regular and Expedited Procedure (Appendix Art. 4 / Table IV / Annex 1) | Arbitrator fees calculated according to the amount table in the 2020 Appendix. Variable structure by tiers. | Arbitrator fees per Table IV of the 2026 Appendix (Annex 1): First USD 10,000: USD 1,350 (sole) / USD 2,700 (3 arbitrators). Next USD 90,000: 4.00% / 8.00%. Next USD 100,000: 2.00% / 4.00%. Next USD 200,000: 1.50% / 3.00%. Next USD 500,000: 1.00% / 2.00%. Next USD 2,000,000: 0.75% / 1.50%. Portion above USD 2,900,000: 0.50% / 1.00%. Min = average minus 1/3. Max = average plus 1/3. 3-arbitrator Tribunal: 40% to the chair, 30% to each other arbitrator. | The progressively decreasing tier structure incentivizes high-value arbitration by reducing the relative cost as the amount in dispute increases. |
| Costs for anticipated interim measures (New — Appendix Arts. 15 / Ch. IV) | No specific cost chapter for interim measures in the 2020 Appendix. | New Chapter IV of the 2026 Appendix (Art. 15): Fee for anticipated interim measure: USD 1,000 + VAT (non-refundable). Emergency arbitrator's fees: Hourly per Table III (USD 200/h up to USD 1M; USD 250/h from USD 1M to USD 5M; USD 300/h above USD 5M). | Fixing a specific fee for anticipated interim measures eliminates economic uncertainty about the cost of requesting urgent interim protection. |
| Costs of the Arbitral Tribunal Secretary (New — Appendix Art. 16 / Ch. V) | No specific cost chapter for the Secretary in the 2020 Appendix. | New Chapter V of the 2026 Appendix (Art. 16): The Arbitral Secretary's fees are deducted from the Arbitral Tribunal's fees. If the appointment of the Secretary was requested by the parties: fees equal 10% of the Tribunal's total fees. | Setting the Secretary's fees as a fixed percentage (10%) of the Tribunal's fees provides predictability and avoids disputes about compensation. |
O. Miscellaneous Provisions: New Articles (Arts. 58–60 of 2020 / Arts. 64–68 of 2026)
| Topic / Provision | CEDCA Regulations 2020 | CEDCA Regulations 2026 | Practical Impact |
|---|
| Liability of the CEDCA and arbitrators (Art. 58 / Art. 64) | Art. 58: Liability limited to gross negligence or willful misconduct. Waiver of claims for acts or omissions in the arbitration. | Art. 64: Essentially identical content to Art. 58 of 2020, with conforming amendments to the new Regulations. | No substantial changes. The limited liability regime is maintained. |
| Cessation of functions of the Arbitral Tribunal (Art. 65) [NEW] | No equivalent provision. | Art. 65.1: The merits Tribunal ceases its functions once all deadlines to request corrections, clarifications, or interpretations of the Award have fully expired, and after the scenario in Art. 40.3 has concluded. Art. 65.2: The Emergency Arbitral Tribunal ceases its functions once the decision on the interim measures has been issued or after ruling on the opposition, or when the merits Tribunal is constituted. | Clarifies the moment at which both types of Tribunals are definitively dissolved. Resolves a gap regarding residual jurisdiction after the Award. |
| Third-party funding (Art. 66) [NEW] | No equivalent provision. | If any party receives funding from a third party to cover costs of the proceedings, it must immediately notify in writing the Arbitral Tribunal, the opposing party, and the Executive Director of the CEDCA: the identity of the third-party funder; and the terms of the funding agreement, filed in the case record. The obligation also applies to agreements entered into before the commencement of the arbitration and to any subsequent changes to such agreements. | Adopts international best practices (IBA Guidelines, ICSID, SIAC). Transparency regarding third-party funding is essential to identify conflicts of interest and protect the integrity of the proceedings. |
| Custody of documents (Art. 59 / Art. 67) | Art. 59: The Executive Secretariat keeps the case file for ten (10) years. | Art. 67: The Executive Secretariat keeps the physical and electronic case file for ten (10) years. | The addition of "electronic case file" in Art. 67 reflects the digitization of the proceedings. |
| Effective date (Art. 60 / Art. 68) | Art. 60: The Regulations entered into force on January 14, 2020. | Art. 68: The Regulations enter into force on April 1, 2026. | The April 1, 2026 effective date defines the temporal scope of application of the new Regulations. |
P. Comparative Table of the Three Procedures (per 2026 Appendix)
| Small Claims | Expedited | Regular |
|---|
| Amount | Up to USD 30,000 | Up to USD 100,000 | Above USD 100,000 |
| Admin. Filing Fee | USD 400 + VAT | USD 1,950 + VAT | USD 1,950 + VAT |
| Arbitrators | Sole (appointed by Board, no party selection) | Sole (selected by parties from list of 10) | 1 or 3 (selected via right of inclusion) |
| Arbitrator fees | Fixed: USD 1,300 + USD 1,000 (CEDCA) + 10% expenses ≈ USD 2,530 + VAT | Variable (Table IV) | Variable (Table IV) |
| Award deadline | 10 business days from closing of record | 10 business days | 20 business days from closing of record |
| Reasoning | Brief and summary | Full | Full |
| Prior conciliation | No | Yes | Yes |
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