The Recast Brussels Regulation and “Domestic” Arbitrations
…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…
Search Results for: brazil
Multilateral Investment Treaties? A View from China
…low-cost Chinese goods; and that some of them (namely Brazil, Angola, and Mozambique) are growing rapidly and thus represent a chance for additional expansion. China and Brazil have one of…
Arbitral Award, Arbitral seat, Brazil, New York Convention, Recognition and enforcement of arbitral award
Brazilian Court Recognizes An Unreasoned New York Arbitral Award
…may violate Brazilian public policy in some way, i.e., unreasoned award. The STJ decision is consistent with the Brazil’s increased deference to foreign awards sought to be enforced in Brazil….
Answers to the Summer Quiz 2014
…of a hearing, is routinely used in the domestic arbitration of which other countries? A. England and Wales B. Germany C. Australia D. Singapore E. Brazil F. None of the…
Anti-suit injunction, Arbitral Award, Arbitration, Arbitration Proceedings, Brazil, Domestic Courts, Domestic law
Interim Measures and Anti-Arbitration Injunctions in Brazil: Answering the Actual Question at Issue
…Brazilian courts? The Petroplus Companies manufacture and sell after-market automobile products in Brazil. The Petroplus Companies acquired this right from the First Brands Corporation (“First Brands”), and The Clorox Company…
Women in Arbitration in Brazil
…least one Brazilian party is also evidence of the development of arbitration in Brazil: in 2012, 82 disputes were arbitrated under the ICC Rules, placing Brazil as a country with…
Revisions to the HKIAC’s Model Clauses address uncertainty regarding the law governing arbitration clauses
…the law of the arbitration clause could have dramatic results. If the Court had instead determined that the substantive law of the contract (Brazil) applied to the arbitration clause, under…
The Summer Arbitration Quiz!
…is routinely used in the domestic arbitration of which other countries? A. England and Wales B. Germany C. Australia D. Singapore E. Brazil F. None of the above 9. For…
Anti-arbitration, Anti-suit injunction, Arbitration, Brazil, Domestic Courts, Interim Orders, Jurisdiction
Interim Measures and Anti-Arbitration Injunctions in Brazil
…the rendering of an ICC arbitral award in Miami. First Brands sought the recognition of the arbitral award before the STJ in Brazil while Petroplus tried to annul that same…
ICSID Arbitration, ICSID Convention, Investment, Investment agreements, Investment Arbitration, Investment protection, Investor, Latin America
Notes on the Persistent Latin American Countries’ Attitude Towards Investment Arbitration and ICSID
…the deep reach of the Convention, as well as ICSID’s status as not simply another arbitration facility”). The most notable examples of this Latin American trend include: (i) Brazil’s refusal…
The Jurisdiction of Indian Courts over Arbitrations Seated Outside India. An Outsider’s Perspective.
…been settled in many jurisdictions,1)See for recent examples: Brazil, 3 April 2014: First Brand do Brasil v Petroplus Sul, Apelação no. 0014578-23.2004.8.26.0100, Tribunal de Justiça de São Paulo. Mauritius, 28…
UNCITRAL Model Law: Still a Model or Second Best?
…to the contrary. In Brazil, the related action of “mandado de seguranca” (writ of security) has also been used effectively against an arbitral award. In other Model Law countries which…
Class Arbitrations in Brazil?
Brazil has well-developed systems both in arbitration and class actions and yet the use of arbitration as a class-litigation dispute resolution has been little discussed. In the USA, on the…
ICCA 2014. Latin America: Hottest Issues, Country-by-Country
…new arbitration developments in Brazil, highlighting the increasing number of ICC arbitrations with Brazilian parties, as well as arbitrations seated in Brazil. Bosco Lee provided a detailed discussion of the…
Using Trade Remedies to Enforce Arbitration Awards: The WTO-Consistency Question
…satisifies the necessity test. I think it could, as part of a comprehensive policy seeking to secure compliance with arbitration awards. In the words of Brazil-Tyres, the GSP conditional benefit…
Is the Competence-Competence Principle Threatened in Brazil?
…CGTEE v. Kreditanstalt Fur Wiederaufbau Bankengruppe, the Rio Grande do Sul Court of Appeals raised some doubts about it is applicability in Brazil. (Rio Grande do Sul Court of Appeals….
The Ghost of the Governing Law Returns: Lex Arbitri v. Curial Law in India
…of the arbitration. Although the court took note of the fact that an express choice of substantive law (Brazil) is a persuasive indicator of governing law, it went on to…
Energy & Mining Disputes in Latin America: Trends in Arbitration
…country has provided loan commitments for more than US$ 90.0 billion to Latin American countries since 2005. The governments of Venezuela, Brazil, Argentina, and Ecuador received US$ 82.7 billion or…
Amendments to the Brazilian Arbitration Law – an outsider’s view
…Law – Law no. 9.307 of September 1996 – and the proposed amendments have the stated objective of strengthening and fine-tuning the arbitration framework in Brazil, thus reassuring international investors…
A Step in the Right Direction – Why National Arbitration Institutions Will Benefit from Adopting International Ethics Standards
…reinforced today by other factors, including notoriously onerous visa procedures for entering the sub-Saharan country. And Brazil, as everyone knows, is a relative newcomer to the New York Convention on…
Kompetenz-Kompetenz in Brazil: alive and kicking
…of the arbitration agreement before an arbitral tribunal. Commentary The New York Convention (“NYC”) imposes on contracting states, including Brazil, the obligation to enforce arbitration agreements. But national courts may…
Brandon Research Fellowship in International Law 2014
…candidates who are nationals of members of the European Union; members of the Commonwealth; Argentina; Brazil; Chile; China; Japan; Panama; Serbia; Switzerland; and the USA. Additional information is available here….
Annulment, Applicable Law, Arbitral seat, Arbitration, Arbitration Awards, Arbitration Institutions and Rules, Arbitration Proceedings, Enforcement, Latin America, Seat of the arbitration, Set aside an arbitral award, Set aside an international arbitral award, South America
An Unusual Motion against Arbitration Awards in Latin America
…complaint procedure (Verfassungsbeschwerde) that exists in Germany and the writ of security (Mandado de segurança) found in Brazil. Being an extraordinary remedy with a brief procedure, as well as taking…
Arbitrating Commercial Disputes in Brazil: Necessary Clarifications
…different jurisdictions. However, the prospective investor must read with caution this Summary, at least regarding arbitration in Brazil. Here is the Summary regarding arbitration in Brazil, as published: “Brazil’s Arbitration…