During the recent visit of Brazilian President, Jair Bolsonaro, to India, Brazil and India inked the investment cooperation and facilitation treaty (hereinafter bilateral investment treaty – BIT). From Brazil’s point…
…different jurisdictions. However, the prospective investor must read with caution this Summary, at least regarding arbitration in Brazil. Here is the Summary regarding arbitration in Brazil, as published: “Brazil’s Arbitration…
…to the International Centre for Settlement of Investment Disputes Convention (ICSID Convention). To date, however, this approach has not limited Brazil’s attractiveness to foreign investment, with Brazil being a leading…
On 25 January 2020, India and Brazil signed an investment agreement (the “India-Brazil BIT”). As an agreement that has been signed at the dawn of the new decade, it is…
…in Brazil that these decisions represent exceptions. Conclusion In conclusion, based on all the above mentioned reasons, we can affirm with confidence that Brazil is currently an arbitration-friendly jurisdiction….
In the past decade, the legal landscape in Brazil has changed significantly to better accommodate alternative dispute resolution methods, including mediation, conciliation, and arbitration. Brazil recently revised its Civil Procedure…
…including of CAM-CCBC, in promoting arbitration in Brazil? To an extent, it is possible to say that the process of consolidation of arbitration in Brazil is intertwined with CAM-CCBC’s growth….
…least one Brazilian party is also evidence of the development of arbitration in Brazil: in 2012, 82 disputes were arbitrated under the ICC Rules, placing Brazil as a country with…
On May 26, 2015, Brazil signed its third investment treaty of 2015 with Mexico. Given the agreements previously signed with Angola and Mozambique, this certainly comes as a confirmation of…
…arbitrations in Brazil and in international arbitrations involving Brazilian parties, a practice which shall not represent a risk against future recognition of the arbitral award in Brazil. The rules of…
…will not enforce a foreign arbitral award that violates Brazil’s sovereignty, Brazil’s public policy or human dignity. Pursuant to Articles 38 and 39 of the BAA, the following are grounds…
…decided to include in its text the main provisions of the NYC. By doing so, Brazil adopted the main framework of the NYC without actually becoming a Member State. Whilst…
…Brazil, and how those foundations may or may not allow for class arbitration, which then allows for a comparison to the American experience in this area of law. Brazil adopts…
…conducted by state entities. Its legal provisions intend to bring greater legal certainty for those who want to invest in large projects in Brazil led by the Federal, State or…
…most real connection”. On this question in Brazil, the Insureds argue in the ongoing proceedings that (i) the case involves Brazilian parties; (ii) the Insureds project is located in Brazil;…
…This led to an outstanding credit in favor of EDFI. EDFI applied for the recognition of said award in Brazil before the Superior Court of Justice (“SCJ”), which has exclusive…
and José Roberto Oliva Junior and Ricardo Dalmaso Marques, Pinheiro Neto Advogados One of the segments of the infrastructure sectors in Brazil that have lately triggered the greatest amount of…
For the past few years, Brazil has gained recognition as an “arbitration-friendly” seat when it comes to the enforcement of foreign arbitral awards. However, last year, in a groundbreaking decision,…
…of bringing a new and potentially useful tool for both Brazilian companies investing abroad and foreign investors in Brazil. These agreements also have the benefit of re-introducing Brazil – after…
…that of a Latin American arbitral institution: the Center for Mediation and Arbitration of the Brazil-Canada Chamber of Commerce. Curiously, law schools in Brazil in general are still taking their…
…may violate Brazilian public policy in some way, i.e., unreasoned award. The STJ decision is consistent with the Brazil’s increased deference to foreign awards sought to be enforced in Brazil….
Brazil has well-developed systems both in arbitration and class actions and yet the use of arbitration as a class-litigation dispute resolution has been little discussed. In the USA, on the…
…of Brazil’s new law is the possibility of submitting disputes related to expropriations to mediation and arbitration, according to Brazil’s mediation Statute and arbitration Statute. This legislative innovation is welcome…
…for TMT disputes”. Challenges to the development of IP arbitration in Brazil In Brazil, however, the use of arbitration in IP conflicts is still sprouting. For instance, numbers released…
