In its 61th edition, the Revista Brasileira de Arbitragem [Brazilian Arbitration Journal] presents articles on four different themes. Firstly, Fabiane Verçosa comments on the possibility of submitting individual labor disputes to arbitration in the context of the reform of the Brazilian Labor Code and the rumors about the extinction of specialized Labor Courts. Afterwards, Ronaldo Vasconcelos, César Augusto Martins Carnaúba, and Thais D’Angelo da Silva Hanesaka analyze the possibility of resorting to third-party funding in arbitrations related to bankruptcy and judicial reorganization proceedings. On his turn, José Victor Palazzi Zakia deals with the issue of how arbitral tribunals can and should act when faced with corruption issues. Finally, Pedro Silveira Campos Soares comments on the advance on arbitration costs and the consequences of the non-payment.
In the International Doctrine section, Rory V. Wheeler analyzes the recent approach taken by the Paris Court of Appeal when controlling the conformity of an international arbitral with international public policy, as defined by the French courts, in the context of recognition or enforcement proceedings.
The National Case Law section presents comments by Gustavo Santos Kulesza and Thais Vieira de Souza Pereira on the recent decision rendered by the Brazilian Superior Court of Justice putting an end to the well-known case Paranapanema S/A v. Banco Santander Brasil S/A, where the Court ruled on the objective extension of the arbitration agreement.
In the International Judicial Case Law section, Rômulo Greff Mariani comments on a decision rendered by the Rotterdam District Court on the use of arbitration in the collective action brought by investors against Petrobras due to alleged bribery schemes.
In the General Matters section, commentators bring to our knowledge the highlights of the III Oxford Symposium on Comparative International Commercial Arbitration held in Cambridge on 18 November 2018 (by Ana Gerdau de Borja Mercereau and Ana Carolina Dall’Agnol), the 95th edition of the Summer Course on Private International Law of the Hague Academy of International Law, which took place between 30 July and 17 August 2018 (by Fernanda Bauer, Ana Carolina Beneti, Isabela Lacreta, Bruno Barreto de Azevedo Teixeira and Thiago Del Pozzo Zanelato), and the reform of the Swiss Federal Act on Private International Law, and specifically its 12th chapter, which deals with international arbitrations seated in Switzerland (by Caroline dos Santos).
Lastly, the present edition contains reviews of the following books: Won L. Kidane’s “The Culture of International Arbitration” (by Juliana Gil Felippe); Eckart J. Brödermann’s “Unidroit Principles of International Commercial Contracts: an Article-by-Article Commentary” (by Lauro Gama Jr.); and José Antonio Fichtner, Sergio Nelson Mannheimer, and André Luís Monteiro’s “Teoria Geral da Arbitragem” (by Eleonora Coelho).
Boa leitura arbitral!
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