On February 14, 2023, the National Electric Energy Agency (ANEEL) approved the new Arbitration Convention of the Electric Energy Trading Chamber (CCEE). This article aims to briefly analyze the main impacts of this new regulation on the operations and business practices between CCEE and its agents.
It is important to remember that the new convention was initially drafted and approved during the 68th Extraordinary General Assembly of CCEE. The long-awaited approval by ANEEL was the final step, making the new Arbitration Convention an integral part of the CCEE’s Electric Energy Trading Convention.
So, what are the main impacts brought by this new regulation? And what points of attention should be observed in the new contracts signed by CCEE agents?
The most discussed change is the plurality of arbitration chambers. Previously, only the FGV arbitration chamber was authorized to handle disputes. Now, parties can choose any chamber accredited by CCEE. The positive effect of this change is increased competition among arbitration chambers. Operational costs are expected to improve, and the rules applied by these chambers will likely become more efficient. This change shifts the scenario from a monopoly to a more competitive and healthier environment.
Another key point introduced by the new convention is the definition of conflicts subject to arbitration. Conflicts that involve available rights contested by two or more CCEE agents, or where CCEE itself is a party, must go through arbitration. However, if the issue falls under ANEEL’s jurisdiction, it must first be resolved through administrative channels before being submitted to arbitration.
On the other hand, certain conflicts are not subject to arbitration. These include disputes related to the collection of overdue payments or penalties imposed by CCEE on agents and third parties, such as service providers. In these cases, CCEE will act as a legal substitute for the collective, and the conflict may follow a judicial path.
The new convention also establishes that arbitral tribunals can require guarantees from the parties to limit the financial impact of the arbitral decisions to those directly involved in the disputes. This ensures that third parties or other agents are not adversely affected by the decision.
Another optimistic feature of the new convention is the mandatory publication of arbitral awards. This will lead to the formation of a “jurisprudence” database for the sector, increasing predictability in conflict resolution. As a result, parties are less likely to take risky actions, and the likelihood of extrajudicial settlements increases.
Finally, it’s important to note that the new convention is effective from the date ANEEL publishes the homologating resolution and will apply to arbitration proceedings initiated thereafter.
This approach is expected to improve the dispute resolution process, create a more predictable and competitive environment for CCEE’s business, and potentially reduce legal risks across the sector.
