…2016 decision. Similarly, Brazil’s recently-enacted arbitration law provides that public-private arbitration is subject to the ‘principle of publicity’ and all other laws governing transparency in public affairs.3)Law No 13,129 of…
…M. Atamer (Turkey; Professor at Istanbul Bilgi University and also a member of the CISG Advisory Council), Carlos S Forbes, (Brazil; President of CAM-CCBC), and the Rt Hon. Lord Phillips…
…by such machine would be valid. However, the Arbitration Acts from Peru (art. 20), Brazil (art. 10), Ecuador (art. 19) and Colombia (art. 7 – domestic arbitration) include specific references…
From conciliation applications in Germany, the use of mediation for companies under judicial reorganization in Brazil, the recent INADR International Law Student Mediation Tournament at the University of Strathclyde in…
…Brazil, for instance, has been attracting FDI for years and it has never been a member of ICSID. The benefits of treaties from the Iraqi government perspective are, therefore, questionable…
…Years in One”, Juliana Loss de Andrade provides a comprehensive overview of the recent developments in alternative dispute resolution in Brazil. In “About Hacksaw Ridge”, drawing on the film Hacksaw…
…that of a Latin American arbitral institution: the Center for Mediation and Arbitration of the Brazil-Canada Chamber of Commerce. Curiously, law schools in Brazil in general are still taking their…
A provision enacted in 2016 seems to have created a revolutionary change in Brazil’s approach to arbitration involving State parties. It is well-known that Brazil is not a party to…
…companies (YPF and Petrobras) and several other Brazilian and Argentine distribution and transport companies. The gas would be imported from Argentina to Brazil for the construction of a thermal power…
2016 was a great year for Brazil, especially because it hosted the Rio 2016 Olympic Games, which has brought many good things: thousands of sports enthusiasts came to Rio de…
…in its main trading partner in Latin America, and BRICS counterpart – Brazil. As reported by IAReporter, India and Brazil have recently successfully agreed on a BIT. While the text…
On 15 September 2016, the Superior Justice Tribunal (“STJ” for its Brazilian acronym) of Brazil, in the case “Odontologia Noroeste LTDA v. GOU – Grupo Odontologico Unificado Franchising LTDA…
In the last fifteen years, the use of arbitration as an alternative dispute resolution method has grown in Brazil. Not only has the arbitration law been declared constitutional, but also…
…in Brazil, specifically providing that court proceedings should be dismissed – without a merit analysis – where there is an arbitration agreement, and/or when an arbitral tribunal has recognized its…
…the Algeria, Argentina, Brazil, Canada, China, India, Italy, Peru, the Philippines, Vietnam, the United Kingdom, and the United States – were evaluated by a panel of seven jurors. After careful…
…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…
