The Contents of the Brazilian Arbitration Journal, Volume XVI, Issue 62 (June 2019)

Kluwer Arbitration Blog
July 1, 2019

Please refer to this post as: , ‘The Contents of the Brazilian Arbitration Journal, Volume XVI, Issue 62 (June 2019)’, Kluwer Arbitration Blog, July 1 2019, http://arbitrationblog.kluwerarbitration.com/2019/07/01/the-contents-of-the-brazilian-arbitration-journal-volume-xvi-issue-62-june-2019/


The present edition of the Revista Brasileira de Arbitragem [Brazilian Arbitration Journal] presents three articles in the National Doctrine section: Laura Carneiro de Mello Senra deals with the arbitrability of cases involving the remuneration of Brazilian federal public servants in which disputes against the Federal Union or a different public entity may arise; Leandro Rigueira Rennó Lima and Ana Luiz de Castro Viana comment on the importance of improving lawyers’ collaborative posture for the development of mediation in Brazil; and Thiago Marinho Nunes studies the use of arbitration as an adequate and efficient dispute resolution method in agribusiness.

In the International Doctrine section, Julia Guimarães Rossetto and Luís Alberto Salton Peretti briefly present their comments on the new international commercial arbitration acts promulgated in Argentina and in Uruguay, which have opted for a dualist system for the treatment of domestic and international arbitrations.

Turning to the National Judicial Case Law section, Guilherme Enrique Malosso Quintana analyses a ruling by the São Paulo Court of Appeal in regard to bankruptcy fraud and the use of protesto to avoid alienation of assets in the context of arbitration. In addition, Fabiane Verçosa comments on a decision by the Brazilian Superior Court of Labor addressing the delicate matter of the use of arbitration for individual labor disputes.

In the International Judicial Case Law section, Bruno Guandalini delves into a judgment of the Supreme Court of the United States on the competence for the definition of arbitrators’ jurisdiction, since Courts of Appeal from different Circuits had been adopting divergent understandings regarding the issue.

The General Matters section entails Resolution n. 4/2018 of Câmara de Conciliação, Mediação e Arbitragem Ciesp/Fiesp establishing the emergency arbitrator procedure. Furthermore, Ana Carolina Weber comments on the 1st edition of the summary of arbitral awards published by Câmara de Arbitragem do Mercado da B3 S.A. – Brasil, Bolsa, Balcão, and Rodrigo Moreira reports the highlights of the 8th ICC Brazilian Arbitration Day, held on 28 March 2019 in São Paulo.

Last but not least, the present edition presents Vitor Silveira Vieira’s review on O Dever de Revelação do Árbitro (in English, The Arbitrator’s Duty of Disclosure) by Ricardo Dalmaso Marques, and Arnaldo de Lima Borges Neto’s review of Tratado de Arbitragem (in English, Treatise on Arbitration), a commentary on the Portuguese voluntary arbitration law, by António Menezes Cordeiro.

Boa leitura arbitral!