Fair and Equitable Treatment, Investment Arbitration, Remedies

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This post is concerned with the potential comparison between the fair and equitable (“FET”) standard and the rule against abuse of rights (“AR”), as regulated under municipal private law systems (mainly of continental origin).   A Fresh Take On FET Through the Prism of Comparative Law: A Role for AR? FET combines a wide array…

Arbitration, Brazil, Brazilian Arbitration Act, Latin America, Uncategorized

(Toledo Marchetti Advogados), (Toledo Marchetti Advogados ), and / /Leave a comment

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 cross border litigation and in the context of domestic contractual relations. Even in contracts providing for arbitration, it is typical for sophisticated parties to agree…