What happens when an arbitrator refuses to answer fundamental questions about their impartiality that only they can address? Questions like, “Have you received any promises or gifts from any of the parties: Ms Aphrodite, Ms Hera or Ms Athena?” or even “Do you have any interest in or connection to Ms Helen, a person associated…
“Corporations have their own global private court system – called ISDS – which they use to bully governments. But many victims of corporate human rights abuses don’t have any way of winning justice. This is unfair. We need to end these corporate courts now! Rights for people, rules for corporations.” Letter from the Stop ISDS…
An unsteady camera lens captures figures enshrouded in the flickering semi-darkness of the room. Men in suits whisper in Spanish over a heavy wooden table. The Equatorian judge, his face captured by the concealed camera, stands up, signalling acceptance of the proposition: his decision for a $3 million bribe. This scene was forever etched into…
Despite being a relatively young market at just over 20 years old, Brazilian arbitration has experienced rapid growth. As of 2020, Brazil ranked second in the number of arbitrations filed with the International Chamber of Commerce (ICC), surpassing all European, African, and Asian jurisdictions. Brazil is also among the top five nationalities represented among arbitrators,…
International arbitration is a prime example of the power and complexity of combined human minds. It is a marvel of human cooperation and ingenuity that strangers forego barbarism in favour of peaceful resolution – even more so when they do it cross-borders, on the unlikely belief that their interests will be guarded by yet another…
The 1996 Brazilian Arbitration Act (the “BAA”), which subjects domestic and international arbitrations to the same set of rules, has been modified only once through the 2015 amendment (the “2015 Amendment”). On July 6, 2022, Brazilian party leaders signed a Motion of Urgency to bypass the standard legislative process – which usually comprises public consultations…
