In the last fifteen years, the use of arbitration as an alternative dispute resolution method has grown in Brazil. Not only has the arbitration law been declared constitutional, but also…
…As a backgrounder, for Brazil, this is the 27th BIT it has signed, yet there is only one which has seen light of the day. Surprisingly though, both Brazil and…
…Cesar Ciampolini, date of Judgment March 2nd, 2021). In Brazil, all the documents produced by the parties during the arbitration proceedings are kept confidential. However, when the TJSP ruled on…
Brazil has recently executed two new Cooperation and Facilitation Investment Agreements (“CFIAs”) with the Federal Democratic Republic of Ethiopia on April 11, 2018; and with the Republic of Suriname on…
…of a global economic crisis, and (ii) the impact of insolvency on arbitration agreements and ongoing arbitrations in Brazil according to the new legislation (highlighting, when appropriate, precedents from the…
Dear all, As you know, arbitration in Brazil has become a reality. After several decades of being considered as the last frontier of international arbitration in Latin America, Brazil is…
…of the arbitration agreement before an arbitral tribunal. Commentary The New York Convention (“NYC”) imposes on contracting states, including Brazil, the obligation to enforce arbitration agreements. But national courts may…
Brazil’s new Franchising Law (Law No. 13.966/19) was published on December 27th, 2019 and became effective as of March 27th, 2020. One of the innovations (more of a confirmation) set…
…private investors to develop infrastructure, Brazil has taken one positive step to expressly allow arbitration in public contracts concluded in these sectors. On 20 September 2019, the President of Brazil…
…in São Paulo, Brazil. The historic award is the first decision based on controversial statutes regulating arbitration in the ports sector in Brazil. This decision can provide insights on the…
…Brazil; the data being processed belongs to individuals located in Brazil at the time of its collection; or the data has been collected in Brazil. The GDPR and the LGPD…
On 15 September 2016, the Superior Justice Tribunal (“STJ” for its Brazilian acronym) of Brazil, in the case “Odontologia Noroeste LTDA v. GOU – Grupo Odontologico Unificado Franchising LTDA…
A provision enacted in 2016 seems to have created a revolutionary change in Brazil’s approach to arbitration involving State parties. It is well-known that Brazil is not a party to…
…the rendering of an ICC arbitral award in Miami. First Brands sought the recognition of the arbitral award before the STJ in Brazil while Petroplus tried to annul that same…
In article 35 of the Brazilian Arbitration Law (“BAA”) it states that, in order to be enforced in Brazil, a foreign arbitral award (i.e., an award issued outside Brazil’s territory)…
…out of public contracts in Brazil. In 2005, the Brazilian Superior Court of Justice decided that State-owned companies are not prevented from entering into arbitration clauses and submitting their disputes…
…arbitration is something that “floats”, having no connection with any national law. In my point of view, this theory makes arbitration rather unattractive. In a country like Brazil, the possibility…
…only arbitral awards rendered in Brazil (domestic awards) should necessarily be motivated, and that Law 9,307 of 1996 (“Brazilian Arbitration Law”) did not impose such condition on foreign arbitral awards….
…CGTEE v. Kreditanstalt Fur Wiederaufbau Bankengruppe, the Rio Grande do Sul Court of Appeals raised some doubts about it is applicability in Brazil. (Rio Grande do Sul Court of Appeals….
…Brazilian courts? The Petroplus Companies manufacture and sell after-market automobile products in Brazil. The Petroplus Companies acquired this right from the First Brands Corporation (“First Brands”), and The Clorox Company…
…BAA, as well the substantial achievements contained therein. It went further to reflect consolidated practices in Brazil, as well as to strengthen the practice of arbitration in the country. Some…
There is no doubt that Brazil is recognized world-wide as one of the most pro-arbitration nations. Brazilian law regulating arbitration is quite innovative, especially after its reform in 2015, which…
…to be the last missing brick in the framework for such measures in Brazil, and is a significant step forward to encourage foreign parties to arbitrate in Brazil. This post…
…venture agreement for the research and exploitation of minerals in Brazil. They had also formed a company incorporated in Brazil, FAT Brasil, to perform the research and the exploitation. Zeus…
