In its 66th edition, the Brazilian Arbitration Journal presents, in the National Doctrine section, Bruno Pellegrini Venosa’s analysis about the interaction between the applicable law to the arbitral procedure and foreign arbitral urgent measures. In addition, Rafael Branco Xavier discusses the possibility of implementing the disregard doctrine in arbitration.
In the International Doctrine section, Eugenie Caroit and Paloma Garcia Guerra examine the trends in international arbitration regarding privilege-related issues.
Carlos Eduardo Stefen Elias and Amauri Silvestre Pavão contribute to the National Judicial Case Law section, by noting a decision from the Third Panel of the Brazilian Superior Court of Justice (STJ), in which the possibility of attachment of a right disputed in an arbitral procedure was recognized.
Furthermore, Henrique Barbosa and Isabel Cantidiano comment on a conflict of jurisdiction case decided by the Second Section of the Brazilian Superior Court of Justice, which found that the state jurisdiction is competent to analyse the scope of the arbitration clause.
In the International Judicial Case Law section, Daniel Levy examines a decision rendered by the Queen’s Bench Division of England and Wales High Court of Justice, in which the English Commercial Court allowed an application under Section 68 of the English Arbitration Act for challenging an arbitral award.
Switching to the General Information section, Mauricio Morais Tonin concentrates on the Law no. 17,324/2020 from the Municipality of São Paulo, which establishes the policy of “desjudicialização” – diversion of legal claims from the judiciary to alternative means of preventing/settling disputes – in matters involving the Direct and Indirect Municipal Public Administration. The 2020 ICC-FIDIC Conference, held in São Paulo on 10-11 February 2020, is reported by Anna-Katharina Scheffer da Silveira. João Marçal Rodrigues Martins da Silva writes about Covid-19’s impacts in the administration of arbitral proceedings. Finally, Debora Visconte presents the ICC Guidance Note on Possible Measures Aimed at Mitigating the Effects of the Covid-19 Pandemic as well as the CIArb Guidance Note on Remote Dispute Resolution Proceedings.
This edition’s Arbitration Classic is Alan Redfern’s Article “The Jurisdiction of an International Commercial Arbitrator”, containing an introductory note by Marcelo de Souza Richter.
Lastly, this edition includes Ricardo de Carvalho Aprigliano’s review of the book “Árbitro e direito: o julgamento do mérito na arbitragem”, authored by Rafael Francisco Alves.
Stay safe in these times of pandemic!
João Bosco Lee, Director