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…
…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…
…(such as Brazil, which in early 2018 elected to prohibit investments in crypto by investment funds and ruled that cryptocurrencies are not financial assets), there are arguably two strands to…
…highlight trends and arbitrators in the region by generating Arbitrator Intelligence Reports on Latin American Arbitrators, which parties can use in future arbitrator selection. The LATAM campaign focuses on Brazil,…
…and then turn their focus to Brazil. They explore the opportunity for further use of ODR in Brazil and consider the resistance in Brazil to an increased used of ODR….
…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 success of the Peru Flash Campaign in various regions. Starting with Latin America, AI is in the process of recruiting AI Ambassadors for on Brazil, Colombia, Argentina, Chile,…
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…
…engage in foreseeable international commercial transactions. If in contemporary Portugal international arbitration has also grown in light of the European tradition, in Brazil arbitration was needed as a better-suited solution…
…from Brazil, when comparing the IBA and the Prague Rules, states: “The Prague Rules and the IBA Rules are examples of soft law.” Borrowing the expression from Bryan H. DRUZIN,…
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,…
…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,…
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…
…have a private right of standing. On another side, Brazil and others have proposed alternatives involving mediation, possibly backed by state-state dispute settlement processes, or public enforcement in which the…
…publicly available. Developing Country Opposition—to ISDS, the EU ICS and the Multilateral Investment Court In recent years, countries including Brazil, India and South Africa have significantly rethought their approach to…
…the practice of amicable dispute resolution. In “A Light at the end of the tunnel for labour disputes in Brazil”, Andrea Maia explains recent changes to labour laws in Brazil…
…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…
…young arbitration associations and also new young associations established at regional level (see INOVARB in Brazil) and these initiatives shall be properly encouraged here on this Blog. The Young ICCA…
…a phenomenon that was born in Australia, spread throughout Common Law jurisdictions and is today commonplace in countries that had never once imagined it, such as France, Brazil and Peru….
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…
…agreed to omit ISDS altogether in its recent investment facilitation agreement with Brazil (with a longer-standing aversion to ISDS). As for the Southeast Asian countries negotiating RCEP, a recent JWIT…
…law admits this power in general terms (v.g..: Hong Kong, England, France, and Brazil), which measures can be adopted by the arbitral tribunal to sanction party misconduct – adverse inferences,…
…was devoted to the most important topics of arbitration in Portugal. The second panel, moderated by João Vilhena Valério (BeecheyArbitration), followed suit to approach the arbitration setting in Brazil, Angola,…
…States increasingly provide for arbitration in contracts with private parties or in investment legislation. This includes States that have been notoriously skeptical of investor-state arbitration, such as Brazil. If anything,…
