In this edition of Brazilian Journal of Arbitration, the National Doctrine section presents Gustavo Scheffer da Silveira‘s considerations about the sentencing nature of the arbitrators’ decision on their own jurisdiction, as well as the legal regime to which the arbitral award is submitted. Also, Maria Beatriz Grella Vieira proposes some reflections on the objective arbitrability of disputes involving corporate resolutions composed by the vote of a public entity in its capacity of controlling shareholder of a mixed private-public ownership company. Lastly, Antonio Pedro Garcia de Souza and Raphael Rodrigues da Cunha Figueiredo examine the peculiarities surrounding the figure of the emergency arbitrator and the practical circumstances that make him or her a better alternative to the judiciary (or not).
In the International Doctrine section, Gabriele Ruscalla analyses the evolution of applicability concerning conciliation and mediation in disputes between States and investors.
In the National Judicial Case Law section, André Marini takes note of the decision of the New York State Supreme Court’s appeal division on the application and scope of the controversial doctrine of the manifest disregard of the law and its relation to the review of the merits of arbitral awards.
André Rodrigues Junqueira contributes to the Arbitral Awards section by commenting on the arbitration award of the well-known Libra Case, which dealt with claims subject to port sector regulation and the legal regime applicable to legal entities governed by public law.
Turning to the General Information section, Gabriela Barcellos Scalco reports the launch of the Brazilian Arbitration Committee (CBAr) library in the city of Porto Alegre; Egon Bockmann Moreira and Elisa Schmidlin Cruz present notes regarding Ordinance AGU No. 320/2019 and Decree SP No. 64.356 / 2019, regarding public-private arbitration; and Ricardo Dalmaso Marques analyzes Resolution No. 35/2019 of the Arbitration and Mediation Center of the Brazil-Canada Chamber of Commerce (CAM / CCBC) on the transparency of the data of the arbitrators acting in their proceedings.
Rodrigo Octávio Broglia Mendes presents the classic doctoral thesis of Professor Luiz Gastão Paes de Barros Leães, ‘Essay on Commercial Arbitration’, as the Arbitration Classic of this edition.
Finally, the present edition presents reviews by João Ilhão Moreira, of ‘Key Duties of International Investment Arbitrators: A Transnational Study of Legal and Ethical Dilemmas’ by Kathia Fach Gomez, and by Fábio M.R. Cavalcante of ‘Tribunal Secretaries in International Arbitration’ by J. Ole Jensen.
Have a good arbitral reading!
João Bosco Lee, Director