LIDW 2025: Navigating Trends and Anticipating Disputes in the ISDS
…or mechanisms such as those included in ISDS. There are also States that have decided to exclude MFN clauses from their treaties, as seen in the Brazil–India BIT (2020). The…
Search Results for: brazil
Hold On To Your Seat! São Paulo Court of Appeals Declines to Adjudicate Annulment of NY-Seated Award
…Analysis: Are Brazilian Courts Competent to Adjudicate an Annulment Action Directed at a Foreign Arbitral Award? Under the New York Convention – which Brazil has ratified – only the courts…
Procedural Fairness Standards in International Arbitration: Insights from A Recent Empirical Study
…argument, noting that the award had survived scrutiny in annulment proceedings in Brazil. It therefore enforced the award under international arbitration standards, affirming that Article V.1.(b) imposed “a standard of…
From Mines to Courts: The Litigation Impact of Critical Minerals and Supply Chain Disruptions
…development of new domestic mining projects—paths already taken, for instance, by the United States and Brazil. Furthermore, the trade tensions between importing and exporting countries are likely to intensify. With…
2025 PAW, Arbitral Appointments, Arbitrator Selection, International arbitration, Paris Arbitration Week
2025 PAW: How Do Rising Arbitrators Gain Visibility and Appointments?
…from the arbitral institutions were Rodrigo Garcia Da Fonseca from the Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada (“CAM-CCBC”), Dr Ismail Selim from the Cairo Regional…
2025 PAW: The Growing Influence of Criminal Law in International Arbitration
…involved in transnational bribery. This trend quickly went global. Landmark legislative instruments such as the UK Bribery Act (2010), Brazil’s Clean Company Act (2013), and France’s Loi Sapin II (2016)…
Early Production of Evidence Under CAM-CCBC’s New Regulation
Last 13th January 2025, the Centre for Arbitration and Mediation of the Brazil Canada Chamber of Commerce (“CAM-CCBC”), the biggest and oldest arbitral institution in Brazil, announced the approval of…
Available Now: The ICCA Yearbook Commercial Arbitration, Volume XLIX (2024)
…arbitration. Highlights in Court Decisions This year’s volume includes cases that provide insights into the application of the New York Convention by courts in countries including Brazil, Chile, China, Ecuador,…
2024 in Review: Latin America and Commercial Arbitration
…and Challenges Although in 2024, Brazil’s currency, the real, fell against the dollar by 21.7%, the worst performance of any major currency over this period, Brazil has remained at the…
2024 in Review: Latin America and Investment Arbitration
Latin America continues to be a hotspot for investment arbitration. In 2024, investment arbitration in Latin America saw significant activity and notable developments. In addition to seeing a steady increment…
22nd ICC Miami Conference: Revisiting the Foundations of International Arbitration – Day 2
…the audience around the globe while analyzing which approach applies in practice in the USA, the UK, France, Spain, Brazil and Mexico, delivering an insightful overview of the trends and…
22nd ICC Miami Conference: Revisiting the Foundations of International Arbitration – Day 1
…the panel “Updates from around the region” moderated by Laura Sinisterra (Partner, Debevoise & Plimpton LLP) provided insights on the latest trends in Mexico, Ecuador, Argentina, and Brazil. Elsa Ortega…
From the Editors of Kluwer Arbitration Blog: 2024
…of the Blog showcases the diversity of the arbitration community, with readers from every corner of the world, from the United States, to India, China, Guatemala, to Uganda, Poland, Brazil,…
Could the Reformed English Arbitration Act Make London a More Attractive Seat for Latin American Parties?
…or has not been the subject of legislative reform. In Brazil, the Enka question was raised in the Jirau case, but the case settled, which prevented the Brazilian Superior Court…
19th ICC New York Conference: Exploring Cross-Cultural Business Dynamics and New Realities in Dispute Resolution
…to allow state organs to engage in commercial arbitration. She explained in the 1990s, several laws were enacted, incorporating provisions for arbitration across multiple sectors, like Brazil’s 1997 Petroleum law…
ITA Americas Initiative Hosts Innovative Forum on Latin American Arbitration in New York
…Latin America, with Brazil and Mexico ranking among the top ten countries represented. This substantial involvement underscores the region’s growing engagement with international arbitration. Paul discussed trends such as the…
Reaffirming Arbitration: The Brazilian Superior Court of Justice Decides on the Persistent Debate of Public Entities’ Participation in Arbitration
Brazil is internationally recognized as an arbitration-friendly jurisdiction. As a signatory to the New York Convention, its arbitration framework is modeled on UNCITRAL Model Law, and its highest courts actively…
CAM-CCBC Arbitration Congress XI Edition: The Highlights You Don’t Want to Miss (ctd.)
…relevance in recent years, especially in light of the COVID-19 pandemic, which has previously prompted in-depth discussions (see here), as well as other relevant events. In Brazil, this issue has…
CAM-CCBC Arbitration Congress XI Edition: The Highlights You Don’t Want to Miss
…resolution. According to live audience polls, Brazil is ahead of the game. Meaning that proactive arbitration strategies are already implemented, or at least considered, in Brazil. During the speech, Edna…
Brazil’s CIESP/FIESP New Arbitration Rules on the Autonomous Taking Of Evidence
On September 4, 2024, the Chamber for Conciliation, Mediation and Arbitration of CIESP/FIESP (the Federation of Industries of the State of São Paulo, Brazil) released a new set of arbitration…
Hong Kong Arbitration Week 2024: Defying Convention and Breaking New Ground
…and Thailand. Africa: Focus on infrastructure, digital networks, and green and social projects. Latin America: A $500 million platform for energy and infrastructure, with key projects in Brazil. Middle East:…
Does Multiparty Arbitration Lose Its International Nature When the Only Foreign Party Exits? A Critical Analysis of a Landmark Ruling by the Chilean Supreme Court
…and Emaresa on the international nature of this arbitration because these parties had their place of business in Chile, whereas Cipatex had theirs in Brazil. However, Cipatex failed to appear…
Brazilian Superior Court of Justice Rules on the Non-application of the Code of Civil Procedure to Arbitration
…view rejects this position, asserting that neither the BAA nor any other piece of legislation allows for such application. In August 2024, the Superior Court of Justice (“STJ”), Brazil’s highest…
Amendment, Arbitration Act, Caribbean, International arbitration, International Commercial Arbitration
The Modernization of Guyana’s Arbitration Regulatory Framework: A Bid to Become an Arbitration Hub
…geared largely toward commercial arbitration, including international commercial arbitration. Guyana’s investor-state arbitration landscape is largely unchanged as the most recent Bilateral Investment Treaty (“BIT”) was signed with Brazil (2018). Guyana…