…for countries such as Brazil, Ecuador, Venezuela, Poland, and Japan; all of these states adhere to the absolutist approach to state immunity. Conversely, other national courts have adopted the restrictive…
…Belarus Belgium Belize Benin Bermuda Bhutan Bolivia Bosnia and Herzegovina Botswana Bouvet Island Brazil British Indian Ocean Territory Brunei Darussalam Bulgaria Burkina Faso Burundi Cambodia Cameroon Canada Cape Verde Cayman…
…unduly restricts flexibility and predictability. Although mediation is just emerging in Brazil, the Brazilian Congress recently passed legislation that sets rigid limits on mediation practice. The law establishes detailed requirements…
…to participate in pre-moots held in Sao Paulo and Curitiba in Brazil and Belgrade, Serbia. All these practice rounds constituted a crucial element of the team’s training. Third, it is…
…resolving international investment disputes among its members. The UNASUR is an international organization originally established in 2004 and formed by Argentina, Bolivia, Brazil, Colombia, Chile, Ecuador, Guyana, Paraguay, Peru, Suriname,…
…will not enforce a foreign arbitral award that violates Brazil’s sovereignty, Brazil’s public policy or human dignity. Pursuant to Articles 38 and 39 of the BAA, the following are grounds…
…This led to an outstanding credit in favor of EDFI. EDFI applied for the recognition of said award in Brazil before the Superior Court of Justice (“SCJ”), which has exclusive…
…investment arbitration, have issued more restrictive rules. This different approach is most clear in the context of arbitration involving States or State entities. Brazil: important amendments in the region’s giant…
…outside of North America and Europe that rank among most populous in ICC and other institutions’ cases (think Brazil, Korea). Punctuating the increased presence of newcomers, an astonishing array of…
…from Brazil’s Atlantic coast to Peru or engineering projects such as a canal three times the size of the world largest, the Panama Canal, in Nicaragua) with its correlation of…
…efficient and neutral method of resolving conflicts with the Iraqi State. In this regard, it is perhaps not surprising that Brazil, one of the most important of the South American…
…decided to include in its text the main provisions of the NYC. By doing so, Brazil adopted the main framework of the NYC without actually becoming a Member State. Whilst…
…amendment to the BCL, we come to see in the near future discussions similar to the one held in In Re Petrobras Securities Litigation also being brought about in Brazil….
…BAA, as well the substantial achievements contained therein. It went further to reflect consolidated practices in Brazil, as well as to strengthen the practice of arbitration in the country. Some…
…its jurisdiction and refused to address certain issues (not claims). The problem, however, is that, according to the construction given to this provision in Brazil, Article 32(IV) would be limited…
On May 26, 2015, Brazil signed its third investment treaty of 2015 with Mexico. Given the agreements previously signed with Angola and Mozambique, this certainly comes as a confirmation of…
…freeze the multinational’s assets in other jurisdictions such as Argentina, Canada and Brazil. On its defense, Chevron has mainly alleged that (i) the claims were precluded due to the Release…
…of investment treaties, flows of FDI go into Brazil and other emerging economies, apparently showing that there is no positive correlation between FDI flows and investment treaties, however, the truth…
…required in Brazil. In putting the rules together, we considered the provisions and concepts in ConsensusDocs 200.4 and 200.5, as well as rules and DB agreements from other sources. The…
…Oil & Gas, Florence, Italy. 1 Hon. Wayne D. Brazil (U.S. Magistrate, N. Dist. Calif), Court ADR 25 Years After Pound: Have We Found a Better Way?, 18 Ohio State…
In article 35 of the Brazilian Arbitration Law (“BAA”) it states that, in order to be enforced in Brazil, a foreign arbitral award (i.e., an award issued outside Brazil’s territory)…
…site over 4500 times, with the most active jurisdictions being (in descending order) United States, United Kingdom, France, New Zealand, Germany, Russia, Italy, Brazil, Belgium, and Switzerland. Visits to the…
…Finland, Nigeria, Sweden and Brazil, third party costs may be irrecoverable because the claimant has not incurred those costs, and the funder does not have standing to recover its own…
…against a conflicting judgment of another Member State court. Take for example a London-seated arbitration between two Brazilian parties in relation to a power plant in Brazil. An award is…
