Brazil

Brazil, Latin America

(Lauro Gama Advogados)/ /Leave a comment

On the final day of the CBAr 22nd International Arbitration Conference, the main theme discussed was party autonomy in business contracts, especially amidst scenarios of instability. At a first glance, one might wonder why a specialized conference would tackle such an elementary topic. However, as one of the panelists insightfully emphasized, revisiting the foundational tenets…

Brazil, Latin America

(FCDG Advogados)/ /Leave a comment

On 14 September 2023, the Brazilian Arbitration Committee — CBAr hosted the 2nd day of its annual International Arbitration Conference, following this year’s overarching theme on “Arbitration and Business Contracts”. In recent years, Brazil has seen a resurgence of the study of business contracts as a particular type. Because business transactions (often, international or cross-border)…

Brazil, Latin America

(Tolentino Advogados)/ /Leave a comment

From 13 to 15 September 2023, the Brazilian Arbitration Committee – CBAr held its 22nd International Arbitration Conference (“22nd CBAr IAC” or “Conference”) in Rio de Janeiro. Considering that arbitration is most commonly adopted in business contracts, this year’s Conference focused on “Arbitration and Business Contracts”. In the three-day event, the Conference program covered issues…

Annulment, Brazil, Brazilian Arbitration Act, Dissenting opinions, Latin America

(Wilmer Hale ) and (King & Spalding )/ /2 Comments

The São Paulo Court of Appeals (“TJSP or “Court”) recently annulled a quantum arbitral award and referred the case back to the arbitral tribunal because one of the three arbitrators had failed to issue a dissenting opinion. The Court held that the co-arbitrator’s abstention amounted to a failure in the part of the arbitral tribunal…

Brazil, Brazilian Arbitration Act, Duty to Disclose, Duty to investigate, Impartiality, Independence, Independence and Impartiality, Latin America

, (Herbert Smith Freehills)/ /Leave a comment

It is undisputed that arbitration depends on the trust placed by the parties in the arbitrators. The Brazilian Arbitration Act (the “BAA”) reaffirms this principle when it provides that an individual may only act as an arbitrator if he/she “is trusted by the parties” (BAA, Article 13) and when it puts the burden to disclose…

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

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

On 25 October 2022, the Brazilian Superior Court of Justice (“SCJ”) upheld a decision that suspended the filing of a proof of claim in bankruptcy proceedings and, consequently, prevented the plaintiff from participating in the general meeting of creditors (see, Appeal to the SCJ n. 1.774.649, 25 October 2022, Amapari Energia S.A. v. Zamin Amapá…

ADR, Arbitration Act, Brazil, Brazilian Arbitration Act, Emergency Arbitrator, ICC, Latin America

(JBLEE Advogados)/ /Leave a comment

In 2023, the ICC International Court of Arbitration (“ICC Court”) celebrated 100 years as the world’s leading arbitral institution. To celebrate this milestone, on 25 May 2023, the ICC Court and the National Committee of Brazil (“ICC Brazil”) organized the First ICC Arbitration Conference in the South of Brazil (“ICC South Conference”). The ICC South…

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

, (Toledo Marchetti Advogados )/ /1 Comment

On May 9, 2023, the 4th Panel of Brazilian Superior Court of Justice (“SCJ”) judged the Special Appeal n. 1.988.894-SP (“Appeal”), reported by Minister Maria Isabel Gallotti. The Appeal was proposed by Mapfre Seguros Generales de Colombia S.A. (“Mapfre” or “insurer”) in an indemnification claim filed against LOG Wisdom S.A., Thorco Shipping S.S and Asia…

ADR Clauses, Arbitration, Arbitration clause, Brazil, Brazilian Arbitration Act, Hardship, Latin America

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

Arbitration can be defined as a dispute resolution mechanism by which parties submit their case to a specifically chosen decision-maker to render a binding decision. Arbitration is a consensual procedure and can only be initiated if parties have agreed to do so. As most arbitration laws, the Brazilian Arbitration Act (“BAA”) provides for the enforceability…

ADR, Arbitrator Intelligence, Arbitrator Selection, Brazil, Latin America, Technology

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

On May 9, 2023, the Arbitration Channel, a pioneer Brazilian institution in the dissemination and promotion of arbitration internationally, held the XVII Rio de Janeiro International Arbitration Conference (“Rio Arbitration Conference” or “Congress”), curated by  João Bosco Lee (Lee Taube Gabardo Sociedade de Advogados, Partner) Lauro Gama (Lauro Gama Advogados Associados, Partner) and Maurício Almeida…

Brazil, Brazilian Superior Court of Justice, Conflict of Jurisdiction, Latin America

(Mattos Filho Advogados)/ /2 Comments

On June 10, 2022, the Superior Court of Justice in Brazil (“STJ”) ruled on the conflict of competence No. 185.702/DF (“CC 185.702/DF”) under the premise that arbitration has a jurisdictional nature and, therefore the STJ has jurisdiction to decide conflict of competences between arbitral tribunals constituted pursuant to the rules of the same arbitral institution…

ADR, Arbitration, Arbitration Act, Brazil, Brazilian Arbitration Act, Disclosure, Duty to Disclose, Impartiality, Latin America

(University of Cambridge)/ /Leave a comment

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,…

Brazil, Dispute boards, ESG, ICC Arbitration Day

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

On 9 March 2023, the International Chamber of Commerce (“ICC”), the National Committee (“ICC Brasil”) and the ICC Court of Arbitration (“ICC Court”)  held the 11th ICC Brazilian Arbitration Day (“ICC BAD” or “Conference”) in São Paulo. This Conference has been organized since 2015, aiming at enhancing practical and theoretical discussions on trend topics related…

2022 in Review, Argentina, Brazil, Chile, Colombia, Mexico, Peru

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

After struggling with the adverse effects of the COVID-19 pandemic, 2022 remained a period of transition for Latin America.  New arbitration rules and protocols were adopted in jurisdictions such as Ecuador, Brazil and Mexico that reflected best practices born out of the limitations placed on arbitrations by the pandemic.  Other jurisdictions such as Colombia, Chile…

Appointment of arbitrators, Arbitrator Challenges, Brazil, CAM-CCBC Arbitration Congress IX Edition, Latin America

(Barbosa, Müssnich & Aragão Advogados – BMA) and (The CAM-CCBC)/ /Leave a comment

On 17 and 18 October 2022, the Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada held its IXth Arbitration Congress (“IX CAM-CCBC Congress” or “Congress”) in São Paulo. The Congress is the opening event of what became the Sao Paulo Arbitration Week (“SPAW”): a collaborative calendar for law firms, universities, associations, and…

Brazil, CBAr 21st, Corporate disputes, International Arbitration Procedures, Latin America, South America

, (Fialho Salles Advogados)/ /Leave a comment

In line with current discussions in Brazil’s arbitration community, especially in the context of Brazilian party leaders’ initiative to call for a vote on a controversial bill to amend the Brazilian Arbitration Act (“BAA“) on an urgent basis (previously covered here), one of the panels focused on the controversy of whether information regarding corporate arbitral proceedings…

Brazil, CBAr 21st, Latin America, M&A

(King & Spalding )/ /Leave a comment

In line with its overarching theme of “Arbitration, Corporate Law & ESG”, on September 29, 2022 the CBAr’s 21st International Arbitration Conference hosted a panel on disputes arising under M&A contracts. Julian Chediak moderated a prolific, technical, and practical discussion with Gabriel Buschinelli, Rodrigo Octávio Broglia Mendes and Jennifer Permesly regarding various aspects of M&A…

Brazil, CBAr 21st, Climate change, Corporate, Corporate disputes, Environment, ESG, International environmental disputes, Latin America, South America

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

From 28 to 30 September 2022, the Brazilian Arbitration Committee – CBAr held its 21st International Arbitration Conference (“21st CBAr IAC” or “Conference”) in Rio de Janeiro. Considering the rising number of arbitration proceedings related to corporate disputes, the subject of this year’s Conference was “Arbitration and Corporate Law”. The 21st CBAr IAC was a…

Arbitration Act, Arbitrator Challenges, Arbitrator Selection, Brazil, Brazilian Arbitration Act, Conflicts of interest, Debate, Disclosure, double hatting, Independence and Impartiality, judicial reform, regulation

(FCDG - Ferro, Castro Neves, Daltro & Gomide Advogados) and (University of Cambridge)/ /1 Comment

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…

Annulment, Arbitration, Brazil, Brazilian Arbitration Act, Set aside an arbitral award

(BMA - Barbosa, Müssnich & Aragão Advogados)/ /1 Comment

As most arbitration laws, the Brazilian Arbitration Act (Law n. 9307/1996; “BAL”) establishes a short deadline for any interested party to seek annulment of an arbitral award in court. The interested party has a 90-day period as from (i) notice of the partial or final arbitral award or (ii) the decision on a motion for clarification…

Adhesion Contracts, Brazil, Brazilian Superior Court of Justice, Competence-Competence, Enforcement of arbitration agreement, Pathological arbitration agreement

(Centro Brasileiro de Mediação e Arbitragem)/ /Leave a comment

This article addresses the Brazilian Superior Court of Justice (STJ) ‘s precedents on the exceptions to the Competence-Competence principle due to pathological arbitration agreements present in contracts of adhesion. In addition, it approaches the Court’s position on the enforcement of a pathological (empty) arbitration clause. The decisions below are landmark precedents and clarify crucial points…

Arbitration, Brazil, Conference, Georgetown, Latin America, Uncategorized

(Herbert Smith Frehills) and (MAMG Advogados)/ /Leave a comment

Organized by the Georgetown International Arbitration Society and the Georgetown Brazilian Law Association, in cooperation with the Arbitration Channel, the I Georgetown Brazilian Arbitration Day took place on April 8, 2022. The first edition of the conference discussed some of the main topics of interest in international arbitration as well as the latest developments in…

2021 in Review, Arbitration Institutions and Rules, Argentina, Brazil, Colombia, Conflicts of interest, Ecuador, Enforcement, Latin America

(Herbert Smith Freehills)/ /Leave a comment

In 2021, Latin American countries continued to struggle with the adverse effects of the COVID-19 pandemic.  Accordingly, legislative and jurisprudential developments on arbitration-related issues were also affected given that the governments were focused on reactivating local economies, vaccinating their citizens, and launching tax and labor reforms.  In addition, presidential elections also marked political shifts for…

Arbitrator Bias, Arbitrator Challenges, arbitrators’ conduct, Brazil, Latin America, Transparency

(FGV Law SP - Law School of São Paulo) and (Independent Arbitrator)/ /Leave a comment

The Center for Studies and Research in Arbitration from the University of São Paulo (“CEPArb-USP”) has recently made public the findings of its pioneer empirical research on challenges of arbitrators in domestic proceedings in Brazil. The initiative analyzed data from challenges in proceedings administered by the Câmara de Mediação e Arbitragem Empresarial – Brasil (CAMARB)….