…in the 1990s, a time when they had an FDI inflow equivalent to that of Brazil. Other nations might struggle with legitimacy issues, but in Brazil, oil and gas, infrastructure,…
On Friday 8 September 2023, the ICC International Court of Arbitration (‘ICC Court’) hosted a panel on the interaction between arbitration and national courts titled “Arbitration and National Courts –…
…scope of matters that can be arbitrated. The legislature in Brazil is considering Bill 3293 to impose strict arbitrator disclosure requirements. A court in Sao Paolo recently set aside an…
…that the case will still be judged by the STJ’s second chamber. Nonetheless, the decision is a relevant development concerning arbitration with public entities in Brazil, which has been a…
…Intervention in Business Contracts: The Case of Brazil Giovanni Ettore Nanni’s thoughts on business contracts weave through his take on the Brazilian Economic Freedom Act. Introduced in 2019, this law…
…In recent years, Brazil has seen a resurgence of the study of business contracts as a particular type. Because business transactions (often, international or cross-border) are at the forefront of…
…was ratified in Brazil (Decree 8.327 of 2014). Mr. Xavier highlighted CBAr’s initiatives towards the promotion of CISG’s application in Brazil. Even before CISG was enacted in the country, CBAr…
The São Paulo Court of Appeals (“TJSP or “Court”) recently annulled a quantum arbitral award and referred the case back to the arbitral tribunal because one of the three arbitrators…
…Brazil has conquered as an arbitration-friendly jurisdiction. Having this in mind, Brazilian courts should resort to a comparative analysis with foreign decisions and international guidelines on this matter, which might…
…among parties to ICC arbitrations after U.S., Brazil, and Spain) and the frequent recourse to interim measures in cross-border disputes, the issue of the enforceability in Italy of provisional measures…
…otherwise be sought in a judicial reorganization or bankruptcy. Conclusion Currently, there is an increase of judicial reorganization and arbitration proceedings in Brazil. Even though the SCJ has currently…
…and the National Committee of Brazil (“ICC Brazil”) organized the First ICC Arbitration Conference in the South of Brazil (“ICC South Conference”). The ICC South Conference continued the success of…
…de Seguros e Previdência v. Stiebler Arquitetura e Incorporações Ltda – Massa Falida, Spe S&G Empreendimentos Imobiliarios Ltda & Spe S&G Empreendimentos S.A., Superior Court of Justice of Brazil, Recurso…
…public policy, in order to recognize a foreign arbitral award as valid in Brazil. The recent decision of the 4th Panel of the SCJ, however, may be invoked in analogous…
…Jair Bolsonaro in Brazil’s 2022 elections consolidated a “new pink tide” in Latin America. In contrast to other countries in the region, Brazil’s transition to the left did everything but…
…resolve cross-border disputes related to insolvent debtors. Moreover, States like Brazil, Chile, Peru and Singapore, among others, have introduced statutory provisions, legislations and draft legislative proposals supporting arbitration as means…
…of legitimacy may arise as part of justification by an exception clause (See, e.g., Appellate Body Report (3 December 2007), Brazil – Measures Affecting Imports of Retreaded Tyres, WT/DS332/AB/R, paras….
…that a validly concluded arbitration clause would be enforceable in Brazil. Rosemar also disregards the internationally recognized Kompetenz-Kompetenz principle (see BAA, Article 8) under which parties must resort to arbitration…
On May 9, 2023, the Arbitration Channel, a pioneer Brazilian institution in the dissemination and promotion of arbitration internationally, held the XVII Rio de Janeiro International Arbitration Conference (“Rio Arbitration…
…Justice of the State of São Paulo, Apelação Cível nº 1055194-66.2017.8.26.0100, 06 August 2021 Joao Bosco Lee, Lee, Taube, Gabardo Sociedade de Advogados, ITA Reporter for Brazil The Court of…
On June 10, 2022, the Superior Court of Justice in Brazil (“STJ”) ruled on the conflict of competence No. 185.702/DF (“CC 185.702/DF”) under the premise that arbitration has a jurisdictional…
…commercial arbitration in Brazil. Then, why does it exist? Contextualizing the ADI: A Political Movement Against Arbitration in Brazil The ADI is part of a rather obscure movement in Brazil….
…some say Brazil is outside of BRI, there is no geographic limit to BRI—its only limit is China’s strategic and economic interest. And with bilateral Sino-Brazil trade reaching US$ 120b…
…while encouraging them to decide on the future we shall hope for dispute resolution in Brazil and abroad. We address below the most relevant discussions held during the Conference. …
