…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…
…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…
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…
…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…
…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…
…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….
…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…
…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…
…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…
…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…
…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…
…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….
…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…
…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…
The facts On January 9, 2008, in the middle of the Amazon Rainforest, the dam of a hydroelectric power plant ruptured liberating 3.1 billion liters of water and precipitating an…
…Argentina, Bolivia, Brazil, Chile, Colombia, Ecuador, Guyana, Paraguay, Peru, Suriname, Uruguay and Venezuela. Such encouragement specifically refers to the creation of a regional dispute resolution mechanism which apparently is under…
…some of the more recalcitrant WTO Members (e.g., Brazil, China, India and South Africa) to become more serious about salvaging some elements of the defunct Doha Development Round in Geneva…
and José Roberto Oliva Junior and Ricardo Dalmaso Marques, Pinheiro Neto Advogados One of the segments of the infrastructure sectors in Brazil that have lately triggered the greatest amount of…
…substrate, rather than a real reason based on the evolution of the judicial system in Brazil and the application of the Law. Arbitration practitioners suggest that there is no such…
…Portugal more attractive as a seat for international arbitration proceedings – mainly in the context of the emerging economies of the Portuguese-speaking countries such as Brazil, Angola and Mozambique amongst…
…the regime. Brazil, the number one FDI recipient in Latin America and fifth highest recipient in the world, has refused to be bound to ISDR. The Perfect Storm Emerging over…
…to be the last missing brick in the framework for such measures in Brazil, and is a significant step forward to encourage foreign parties to arbitrate in Brazil. This post…
…Which States have withdrawn from the ICSID Convention? Bolivia, Ecuador and Venezuela. Which States are not parties to the ICSID Convention? Brazil and India are not among the 158 Members…
…satisfying solution. Of course, Sulamerica is not a typical international arbitration case, as it involves a dispute located in Brazil and involving Brazilian parties. That said, the parties did agree…
