…engage in foreseeable international commercial transactions. If in contemporary Portugal international arbitration has also grown in light of the European tradition, in Brazil arbitration was needed as a better-suited solution…
…from Brazil, when comparing the IBA and the Prague Rules, states: “The Prague Rules and the IBA Rules are examples of soft law.” Borrowing the expression from Bryan H. DRUZIN,…
For the past few years, Brazil has gained recognition as an “arbitration-friendly” seat when it comes to the enforcement of foreign arbitral awards. However, last year, in a groundbreaking decision,…
…20, 2018. As a brief introduction, and to provide context of the enactment of the referred statute, it is relevant to set forth three pieces of information concerning Brazil. First,…
In the past decade, the legal landscape in Brazil has changed significantly to better accommodate alternative dispute resolution methods, including mediation, conciliation, and arbitration. Brazil recently revised its Civil Procedure…
…have a private right of standing. On another side, Brazil and others have proposed alternatives involving mediation, possibly backed by state-state dispute settlement processes, or public enforcement in which the…
…publicly available. Developing Country Opposition—to ISDS, the EU ICS and the Multilateral Investment Court In recent years, countries including Brazil, India and South Africa have significantly rethought their approach to…
…the practice of amicable dispute resolution. In “A Light at the end of the tunnel for labour disputes in Brazil”, Andrea Maia explains recent changes to labour laws in Brazil…
…arbitration is something that “floats”, having no connection with any national law. In my point of view, this theory makes arbitration rather unattractive. In a country like Brazil, the possibility…
…young arbitration associations and also new young associations established at regional level (see INOVARB in Brazil) and these initiatives shall be properly encouraged here on this Blog. The Young ICCA…
…a phenomenon that was born in Australia, spread throughout Common Law jurisdictions and is today commonplace in countries that had never once imagined it, such as France, Brazil and Peru….
There is no doubt that Brazil is recognized world-wide as one of the most pro-arbitration nations. Brazilian law regulating arbitration is quite innovative, especially after its reform in 2015, which…
…agreed to omit ISDS altogether in its recent investment facilitation agreement with Brazil (with a longer-standing aversion to ISDS). As for the Southeast Asian countries negotiating RCEP, a recent JWIT…
…law admits this power in general terms (v.g..: Hong Kong, England, France, and Brazil), which measures can be adopted by the arbitral tribunal to sanction party misconduct – adverse inferences,…
…was devoted to the most important topics of arbitration in Portugal. The second panel, moderated by João Vilhena Valério (BeecheyArbitration), followed suit to approach the arbitration setting in Brazil, Angola,…
…States increasingly provide for arbitration in contracts with private parties or in investment legislation. This includes States that have been notoriously skeptical of investor-state arbitration, such as Brazil. If anything,…
…The following panel conducted by Fabien Gélinas addressed issues related to “Government and public-sector platforms in civil conflicts” and presented public sector’s programmes from Brazil, China and the U.S. The…
…impact of artificial intelligence on mediation, with a particular focus on consumer disputes in Brazil. In Of Perception, Impasse and A**holic Behaviours – Creating Movement in our Minds, Joel Lee…
…Chairs – One for each of the following regions: North America, South America (Spanish-speaking jurisdictions), Brazil, Mexico and Central America, United Kingdom, Continental Europe, Africa, and Asia – who will:…
…the Committee advocates a move away from the present system of investor-state dispute resolution. In supporting its recommendation, the committee has made specific reference to the recently concluded India-Brazil BIT….
…history. True, several countries have never even signed the ICSID Convention in the first place (including large economies such as Brazil and India), but until 2007, no countries had denounced…
Introduction There are over 250 million people who speak Portuguese, being commonly identified as the sixth most spoken language in the world. It is an official dialect in Angola, Brazil,…
…of bringing a new and potentially useful tool for both Brazilian companies investing abroad and foreign investors in Brazil. These agreements also have the benefit of re-introducing Brazil – after…
…duration of a mediation. In Lawyers As Mediators in Brazil: To Be Or Not To Be?, Andrea Maia provides a brief history of Brazil’s journey to its first mediation law….
