Brazil

Brazil, Latin America

, (Adriana Braghetta Advogados)/ /Leave a comment

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 support and promote arbitration. Despite this, the participation of Brazilian public entities in arbitration remains a subject of debate, even though legislative reforms aimed at…

Brazil, CAM-CCBC Congress, Latin America

(BMA Advogados )/ /Leave a comment

The second day of the CAM-CCBC Arbitration Congress XI (“Congress”) featured three insightful panels, each addressing critical topics in the field of arbitration. The first panel, moderated by Ms. Niamh Leinwather, discussed the media’s influence on arbitration. This was followed by a panel led by Mr. Pedro Martini, which focused on the possibility of restoring…

Brazil, CAM-CCBC Arbitration Congress IX Edition, Latin America

(RMM Dispute Resolution)/ /Leave a comment

On October 14, 2024, CAM-CCBC hosted the XI edition of its Arbitration Congress in São Paulo. As usual, the Congress kick-started the São Paulo Arbitration Week, setting in motion a week of insightful discussions and valuable networking opportunities across the city. If you couldn’t make it or had to leave early (we’ve all been there),…

Brazil, Latin America

(FCDG Advogados)/ /Leave a comment

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 rules for the autonomous taking of evidence through arbitral proceedings (the “Rules”). This development, and the general trend it tends to set, builds on the…

Brazil, Brazilian Arbitration Act, Brazilian Superior Court of Justice, Latin America

(Ferro Castro Neves Daltro & Gomide Sociedade de Advogados) and (FCDG - Ferro, Castro Neves, Daltro & Gomide Advogados)/ /1 Comment

In Brazilian domestic arbitrations, it is not uncommon for parties to make arguments or requests based on the Brazilian Code of Civil Procedure (“BCCP”), even though the Brazilian Arbitration Act (“BAA”) does not provide for the application of such procedural rules to arbitral proceedings, not even on a supplementary basis. The question of whether the…

Brazil, Environment, Environmental protection, Infrastructure, Latin America

(BMA - Barbosa Müssnich Aragão Advogados)/ /Leave a comment

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 year’s Conference was “Arbitration and Infrastructure.” The Organizing Committee, composed of both the current and previous CBAr Board members, succeeded in providing a program that…

Brazil, Infrastructure, Latin America

(Demarest Advogados)/ /Leave a comment

The 23rd CBAr IAC was a resounding success. The second day of the Conference included a first Panel on the Circulation of Contractual Models and Infrastructure Arbitrations, a second Panel on Contractual Incompleteness and Infrastructure Arbitrations, and a third Panel on the Limits of Consent, Arbitrability, and Judicial Review in Infrastructure Arbitrations. Below, we summarize…

Brazil, Foreign Investment, Latin America

(Eleonora Coelho Advogados)/ /Leave a comment

Continuing the central theme of the CBAr 23rd International Arbitration Conference, focused on discussing “Arbitration and Infrastructure,” the two panels held on September 3rd, 2024 were focused on the rendering 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…

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

(Toledo Marchetti Advogados), (Toledo Marchetti Advogados ), and (Wilmer Hale)/ /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…

Arbitrator Challenges, Brazil, Brazilian Arbitration Act, Brazilian Superior Court of Justice, Conflicts of interest, Duty to Disclose

(Demarest Advogados)/ /Leave a comment

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 loss of impartiality or independence of arbitrators. Among other arguments, there was the claim of a violation of the duty of disclosure, capable of generating…

Brazil, Latin America

(Fonseca e Salles Lima Advogados Associados)/ /1 Comment

On May 14, 2024, the traditional Rio de Janeiro International Arbitration Conference promoted by Canal Arbitragem, under the academic coordination of João Bosco Lee, Lauro Gama, and Maurício Almeida Prado, was held at the auditorium of the Fundação Getúlio Vargas (‘FGV-RJ’). Conceived nearly 20 years ago by two of the greatest authorities in national arbitration,…

Brazil, Latin America

(Souto, Correa, Cesa, Lummertz & Amaral Advogados)/ /Leave a comment

Previous posts have addressed advocacy techniques in arbitration (for example, see here, here, here, here, and here). This is not an attempt to summarize them, but rather to present the topic in a different light. As psychologists have long discovered, information that provides imagery and vividness has a greater impact on inferences and memory retention….

Brazil, Brazilian Arbitration Act, Impartiality, Independence, Independence and Impartiality, Latin America

(Independent Arbitration Lawyer)/ /Leave a comment

Under article 14, §1 of the Brazilian Arbitration Act (“BAA”), arbitrators bear the duty to disclose “any circumstances likely to give rise to justifiable doubt as to their impartiality and independence”. Because the concept of “justifiable doubt” is subjective, Brazilian jurisprudence often features incohesive and contradictory understandings of the scope and effects of such duty vis-à-vis…

Brazil, Latin America

(Manesco, Ramires, Perez, Azevedo Marques Sociedade de Advogados)/ /Leave a comment

In October 2023, the Law 14,711/2023 was sanctioned, aimed to establish new rules on foreclosures, seizures, mortgages, and transfers of properties to settle debts, by amending certain sections of Law 8,935/1994 (which regulates notary and registration services). Some argue that the inclusion of a legal provision authorizing public notaries to act as arbitrators had two…

ADR, Brazil, ICC Arbitration Day

(Barbosa, Müssnich & Aragão Advogados – BMA) and / /Leave a comment

On 7 March 2024, the National Branch (“ICC Brasil”) and the ICC Court of Arbitration (“ICC Court”) held the 12th ICC Brazilian Arbitration Day (“ICC BAD” or “Conference”) in São Paulo. Since its inception in 2015, the ICC BAD has enjoyed consistent success, and in 2024 arbitration practicing lawyers and clients had further reasons to…

Brazil, Latin America

(XGIVS Advogados)/ /Leave a comment

On 22 November 2023, the Brazilian Arbitration Committee (“CBAr”) and the Brazilian Association of Jurimetrics (“ABJ”) officially launched the final report on the Arbitration Observatory project (“Report”), in an in-person event at the Attorney’s Association of São Paulo that attracted many law students, lawyers, and arbitrators (see here for further details). The Report aims at…

Brazil, Brazilian Arbitration Act, Latin America

, , (Nanni Advogados)/ /Leave a comment

Bill no. 2.925/2023 (“Bill”) is intended to amend federal law no. 6.385/1976 (regulating the Brazilian stock market and that created the Comissão de Valores Mobiliários, the Brazilian Securities and Exchange Commission – “CVM”) and law no. 6.404/1976 (regulating joint-stock companies/business corporations). The goal is to ensure transparency in class arbitration proceedings involving stock market investors,…

Bolivia, Brazil, Caribbean, Chile, Colombia, Guatemala, Latin America, Mexico

(Herbert Smith Freehills), (Barbosa, Müssnich & Aragão Advogados – BMA), and (BakerHostetler)/ /Leave a comment

The uncertainties faced by investors and stakeholders in 2023 was intensified by the notable shift in Latin America’s political regimes. The emergence of left-wing electoral victories echoed the political landscape of the 2000s, marked by ambiguity, volatility, and political risk. In the realm of arbitration, several jurisdictions have undergone significant developments. Mexico and Chilean arbitration…

Brazil, CAM, CAM-CCBC Arbitration Congress IX Edition, Latin America

(Demarest Advogados)/ /Leave a comment

On 16 and 17 October 2023, the Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada held its Xth Arbitration Congress edition (“X CAM-CCBC Congress” or “Congress”) in São Paulo. The Congress is the opening event of the VIth Sao Paulo Arbitration Week (“VI SPAW”): a collaborative calendar for law firms, universities, associations,…

Brazil, CAM-CCBC Arbitration Congress IX Edition, Latin America

(Justen, Pereira, Oliveira & Talamini) and (Mattos Filho Advogados)/ /Leave a comment

On 16 and 17 October 2022, the Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada held its X Arbitration Congress (“X CAM-CCBC Congress” or “Congress”) in Sao Paulo, Brazil. The Congress opened this year’s Sao Paulo Arbitration Week (“SPAW”): a collaborative calendar for law firms, universities, associations, and institutions to organize and promote alternative dispute resolution-related…

Brazil, International Commercial Arbitration, Latin America

(BonfimNovis)/ /Leave a comment

As the most prestigious arbitral institution in the world, the ICC International Court of Arbitration celebrated its 100th anniversary in 2023. The Third ICC Arbitration Conference for the Northeast of Brazil (“ICC Conference”), convened by the International Chamber of Commerce Court and the National Committee of Brazil, took place on 4 October 2023, to commemorate…

Brazil, Dispute Resolution, ICSID, Investment, Investment Arbitration, Investment Disputes, ISDS, ISDS Reform, Latin America

(Justen, Pereira, Oliveira & Talamini) and (University of Cambridge)/ /Leave a comment

“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…

Brazil, France, Latin America

(Intern, International Court of Arbitration - ICC)/ /Leave a comment

On Friday 8 September 2023, the ICC International Court of Arbitration (‘ICC Court’) hosted a panel on the interaction between arbitration and national courts titled “Arbitration and National Courts – Convergence or Divergence?” at its headquarters in Paris. The event, organized by Pedro Arcoverde (then-ICC Court Managing Counsel and Lecturer at SciencesPo), as part of…

Brazil, Brazilian Arbitration Act, Brazilian Superior Court of Justice, Latin America

(Muriel Advogados)/ /Leave a comment

On 16 June 2023, the Brazilian Superior Court of Justice (“STJ”) resolved the Appeal in Special Appeal n. 1,905,505/SP (“Appeal”), reported by Justice Francisco Falcão. The decision was appealed, so that the case will still be judged by the STJ’s second chamber. Nonetheless, the decision is a relevant development concerning arbitration with public entities in…