…the FET. The third and less common approach followed by some countries such as Brazil is to exclude FET from investment treaties. (See, e.g., Brazil-India BIT (2020); Brazil-Ethiopia BIT (2018);…
…judicial decisions involving arbitration issued by the State Court of São Paulo (“TJSP”), based on statistical and inferential methods, to foster and democratize the access to arbitration in Brazil (see…
…(e.g. Chapter 6-10 of ECOWAS Common Investment Code 2018; Art. 10 and Annex II of Angola-Brazil Bilateral Investment Treaty (BIT) 2015; and for an overview of current investor obligations Bueno/Yilmaz…
…Armenia, Brazil, Mexico, South Korea, Hong Kong, Mainland China, and Japan. In-person events were held at White & Case, King & Spalding, Squire Patton Boggs, Norton Rose Fulbright, JAMS, LimNexus,…
…bottom line that AI should not replace judges in deciding cases. In early 2023, the Chartered Instituted of Arbitrators Brazil Branch coordinated a fascinating experiment, wherein ChatGPT-4 competed – through…
…the arbitral proceedings. We believe Brazil stands as a beacon of clarity in this regard, setting a commendable precedent for the interpretation of interim measures within arbitration proceedings, as we…
…design for a dispute resolution mechanism for Brazil, Russia, India, China, and South Africa Organisation (BRICS), and the challenges in crafting this design? A significant recent advancement is the VII…
…in effect since the urgency regime was revoked by the Executive on September 13, 2023. The current framework of confidentiality of arbitration in Brazil As already noted in this…
…Brazil remained a focal point for controversial legislative changes, and the Caribbean experienced growth in its arbitration practice. Bolivia, Chile, Colombia, and Argentina also reported positive strides in their arbitration…
…ill-disposed to any international investment agreements; take, for example, Brazil, who has no investment treaty in place, and take other countries like Ecuador, Bolivia, Venezuela, South Africa, and India, who…
On 16 and 17 October 2023, the Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada held its Xth Arbitration Congress edition (“X CAM-CCBC Congress” or “Congress”) in…
…States, to India, to Cuba, Gambia, Iceland, Bahamas, Mongolia, Algeria, Singapore, Hong Kong, Canada, Brazil, St. Kitts and Nevis, Andorra, and El Salvador. This year we would like to…
…matrix. In 2023, Brazil reached 94% of renewable production in its electrical matrix. In relation to the energy transition in Brazil, Ms. Porangaba noted that technological development is key, and…
…Brazil (“ICC Conference”), convened by the International Chamber of Commerce Court and the National Committee of Brazil, took place on 4 October 2023, to commemorate this historic event. A broad…
…Canada, UK, and Brazil. There are efforts to increase trade with Latin American and African countries. Individual countries like Guyana and Trinidad have maintained strong trade relations with India essentially…
…To explain how it works, we’ll take two steps back. BRAMIA: The Outlier in Numbers BRAMIA initially evolved in Brazil. There are reasons why. Statistically, Brazil is the second…
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…
