…or has not been the subject of legislative reform. In Brazil, the Enka question was raised in the Jirau case, but the case settled, which prevented the Brazilian Superior Court…
…to allow state organs to engage in commercial arbitration. She explained in the 1990s, several laws were enacted, incorporating provisions for arbitration across multiple sectors, like Brazil’s 1997 Petroleum law…
…Latin America, with Brazil and Mexico ranking among the top ten countries represented. This substantial involvement underscores the region’s growing engagement with international arbitration. Paul discussed trends such as the…
Brazil is internationally recognized as an arbitration-friendly jurisdiction. As a signatory to the New York Convention, its arbitration framework is modeled on UNCITRAL Model Law, and its highest courts actively…
…relevance in recent years, especially in light of the COVID-19 pandemic, which has previously prompted in-depth discussions (see here), as well as other relevant events. In Brazil, this issue has…
…resolution. According to live audience polls, Brazil is ahead of the game. Meaning that proactive arbitration strategies are already implemented, or at least considered, in Brazil. During the speech, Edna…
On September 4, 2024, the Chamber for Conciliation, Mediation and Arbitration of CIESP/FIESP (the Federation of Industries of the State of São Paulo, Brazil) released a new set of arbitration…
…and Thailand. Africa: Focus on infrastructure, digital networks, and green and social projects. Latin America: A $500 million platform for energy and infrastructure, with key projects in Brazil. Middle East:…
…and Emaresa on the international nature of this arbitration because these parties had their place of business in Chile, whereas Cipatex had theirs in Brazil. However, Cipatex failed to appear…
…view rejects this position, asserting that neither the BAA nor any other piece of legislation allows for such application. In August 2024, the Superior Court of Justice (“STJ”), Brazil’s highest…
…geared largely toward commercial arbitration, including international commercial arbitration. Guyana’s investor-state arbitration landscape is largely unchanged as the most recent Bilateral Investment Treaty (“BIT”) was signed with Brazil (2018). Guyana…
…n° 0707537-67.2019.8.18.0000, 19 December 2020 Joao Bosco Lee, Lee, Taube, Gabardo Sociedade de Advogados, ITA Reporter for Brazil The Court of Appeal of the State of Piaui annulled an arbitral…
From 1st to 3rd September 2024, the Brazilian Arbitration Committee—CBAr held its 23rd International Arbitration Conference (“23rd CBAr IAC” or “Conference”) in Brasília, Brazil’s federal capital. The theme of this…
…relevant to mention that the Public Administration in Brazil has been adopting dispute boards in their administrative contracts in several cities, including São Paulo, Belo Horizonte, and Rio de Janeiro…
…of technical evidence in infrastructure disputes and the impact of foreign investment and sustainability in Brazil—topics of great complexity, yet essential for the continued development of Brazilian practice in infrastructure…
…consistency, this approach is less popular and is known to be followed by courts in Spain, Luxembourg, Brazil, and Chile. In contrast, the “Westphalian” approach, promoted by Jan Paulsson, is…
The advantages of exclusive jurisdiction agreements (“EJAs”) are well known; chiefly, that of knowing where a party can sue and be sued. In Brazil, EJAs are widely used in both…
…procedural rules of arbitral institutions (“Surveyed Rules”)1)The list of the Surveyed Rules includes (1) the institutional arbitration rules of: Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada…
On 18 June 2024, the Brazilian Superior Court of Justice issued an important decision, which it clearly established the distinction between the breach of the duty of disclosure and the…
…to the Aramco trademark in the European Union, the US, Chile, Brazil, Canada, Mexico, Monaco, Cambodia, the United Kingdom, Malaysia, and Indonesia. The sole arbitrator found that it was a…
…increase of ICC arbitrations with Mexican parties in 2023 (the number one position in Latin America was previously held by Brazil for almost 10 years), due to the economic and…
…Pedro Batista Martins, the Rio de Janeiro Conference has reached its XVIII edition, firmly established as one of the main forums for debate on arbitration in Brazil. This year’s event…
…the Chamber of Commerce Brazil-Canada (“CAM-CCBC”). While the Dubai International Arbitration Centre‘s (“DIAC”) representative could not attend the event, a message on the developments made by the DIAC was shared…
…disputes could vary widely from indigenous population in Brazil who suffered from an environmental tragedy to hedge funds that acquired shares based on misleading information. In contrast, the defendants in…
