…the Kompetenz-Kompetenz rule in Brazil, specifically examining the Superior Court of Justice’s (SCJ) case law. It also updates and discusses new developments to previous posts in this Blog (here, here…
…the company lost in 1997 the monopoly over the exploitation of oil resources in Brazil, Petrobras, under Brazilian law and its corporate bylaws, must follow market-oriented policies and compete on…
…Law – Law no. 9.307 of September 1996 – and the proposed amendments have the stated objective of strengthening and fine-tuning the arbitration framework in Brazil, thus reassuring international investors…
…Validity of Arbitration Agreements Related to Franchise Contracts in Brazil? The recent decision of an important Court of Appeal in Brazil might lead us to the conclusion that the rules…
…accessing data of arbitration proceedings administered by CBMA. The CBMA, an arbitral institution with headquarters in the city of Rio de Janeiro, State of Rio de Janeiro, Brazil, has been…
…arbitration proceedings. Comment In Brazil, once the arbitration commitment is established, as a rule, it is the arbitrator’s responsibility to decide their own competence, due to the so-called competence-competence…
…Court thus gave full effect in Brazil to a foreign arbitral award resulting from a transmitted arbitration agreement. The decision sets the “law of the land” on a highly-debated issue…
…substrate, rather than a real reason based on the evolution of the judicial system in Brazil and the application of the Law. Arbitration practitioners suggest that there is no such…
…in its main trading partner in Latin America, and BRICS counterpart – Brazil. As reported by IAReporter, India and Brazil have recently successfully agreed on a BIT. While the text…
…Short Title Date of Signature Date of Ratification ISDS (?) 1. Brazil-Morocco BIT 13/06/2019 — No 2. Brazil-Ethiopia BIT 11/04/2018 — No 3. Brazil-Malawi BIT 25/06/2015 — No 4. Brazil-Angola…
…and Facilitation Treaty signed between Brazil and India on January 25, 2020. This edition’s Arbitration Classic is Emmanuel Gaillard’s Article “Les Manoeuvres Dilatoires des Parties et des Arbitres Dans l’Arbitrage…
…in Brazil, specifically providing that court proceedings should be dismissed – without a merit analysis – where there is an arbitration agreement, and/or when an arbitral tribunal has recognized its…
…amendment to the BCL, we come to see in the near future discussions similar to the one held in In Re Petrobras Securities Litigation also being brought about in Brazil….
…was maintained by majority. Appeals Court Judge Sérgio Shimura dissented from the reporter, Appeals Court Judge Grava Brazil. He understood that the interlocutory appeal should be granted once there was…
…its jurisdiction and refused to address certain issues (not claims). The problem, however, is that, according to the construction given to this provision in Brazil, Article 32(IV) would be limited…
…arbitrators’ profile in Brazil through an analysis of the members of the lists of the leading Brazilian arbitral institutions. In the International Doctrine section, Thomas Granier examines the recent understanding…
The debate around the ‘extension’ of arbitration agreements has, once again, been placed under the spotlight in Brazil. The Brazilian Superior Court of Justice (‘SCJ’) recently considered the issue in…
…and international arbitration. This case reveals two relevant arbitration trends in vogue in Brazil. First, the decision from the court of first instance shows the recent eagerness of more engaged…
In this issue, the Brazilian Arbitration Journal pays tribute to Professor Theophilo de Azeredo Santos, one of the pioneers of arbitration in Brazil, in a Note In Memoriam by Selma…
…rules around funding, let alone disclosure. However, in Brazil, the CAM-CCBC (Brazil Canada Chamber of Commerce), a leading arbitral centre, issued guidelines in July 2016 recommending the disclosure of funding…
…the deep reach of the Convention, as well as ICSID’s status as not simply another arbitration facility”). The most notable examples of this Latin American trend include: (i) Brazil’s refusal…
…low-cost Chinese goods; and that some of them (namely Brazil, Angola, and Mozambique) are growing rapidly and thus represent a chance for additional expansion. China and Brazil have one of…
…Brazil through ‘class arbitration.’ This is certainly a new source of disputes in Brazil where arbitration could be an attractive option for parties involved in these major disputes. This blog…
…20, 2018. As a brief introduction, and to provide context of the enactment of the referred statute, it is relevant to set forth three pieces of information concerning Brazil. First,…
