…among parties to ICC arbitrations after U.S., Brazil, and Spain) and the frequent recourse to interim measures in cross-border disputes, the issue of the enforceability in Italy of provisional measures…
…otherwise be sought in a judicial reorganization or bankruptcy. Conclusion Currently, there is an increase of judicial reorganization and arbitration proceedings in Brazil. Even though the SCJ has currently…
…and the National Committee of Brazil (“ICC Brazil”) organized the First ICC Arbitration Conference in the South of Brazil (“ICC South Conference”). The ICC South Conference continued the success of…
…de Seguros e Previdência v. Stiebler Arquitetura e Incorporações Ltda – Massa Falida, Spe S&G Empreendimentos Imobiliarios Ltda & Spe S&G Empreendimentos S.A., Superior Court of Justice of Brazil, Recurso…
…public policy, in order to recognize a foreign arbitral award as valid in Brazil. The recent decision of the 4th Panel of the SCJ, however, may be invoked in analogous…
…Jair Bolsonaro in Brazil’s 2022 elections consolidated a “new pink tide” in Latin America. In contrast to other countries in the region, Brazil’s transition to the left did everything but…
…resolve cross-border disputes related to insolvent debtors. Moreover, States like Brazil, Chile, Peru and Singapore, among others, have introduced statutory provisions, legislations and draft legislative proposals supporting arbitration as means…
…of legitimacy may arise as part of justification by an exception clause (See, e.g., Appellate Body Report (3 December 2007), Brazil – Measures Affecting Imports of Retreaded Tyres, WT/DS332/AB/R, paras….
…that a validly concluded arbitration clause would be enforceable in Brazil. Rosemar also disregards the internationally recognized Kompetenz-Kompetenz principle (see BAA, Article 8) under which parties must resort to arbitration…
On May 9, 2023, the Arbitration Channel, a pioneer Brazilian institution in the dissemination and promotion of arbitration internationally, held the XVII Rio de Janeiro International Arbitration Conference (“Rio Arbitration…
…Justice of the State of São Paulo, Apelação Cível nº 1055194-66.2017.8.26.0100, 06 August 2021 Joao Bosco Lee, Lee, Taube, Gabardo Sociedade de Advogados, ITA Reporter for Brazil The Court of…
On June 10, 2022, the Superior Court of Justice in Brazil (“STJ”) ruled on the conflict of competence No. 185.702/DF (“CC 185.702/DF”) under the premise that arbitration has a jurisdictional…
…commercial arbitration in Brazil. Then, why does it exist? Contextualizing the ADI: A Political Movement Against Arbitration in Brazil The ADI is part of a rather obscure movement in Brazil….
…some say Brazil is outside of BRI, there is no geographic limit to BRI—its only limit is China’s strategic and economic interest. And with bilateral Sino-Brazil trade reaching US$ 120b…
…while encouraging them to decide on the future we shall hope for dispute resolution in Brazil and abroad. We address below the most relevant discussions held during the Conference. …
…all corners of the globe, including Singapore, Armenia, Brazil, Mexico, South Korea, Hong Kong, Mainland China, Japan, and not to mention from many states across the United States. As a…
…and Mediation of the Chamber of Commerce Brazil-Canada, São Paulo, Brazil). Each noted that technology and renewable energy disputes are becoming increasingly common within their organizations. Ms. Salomon said they…
…Court of Justice of Brazil, Conflito de Competência nº 185.702/DF, 22 June 2022 Joao Bosco Lee, Lee, Taube, Gabardo Sociedade de Advogados, ITA Reporter for Brazil Preliminarily, the Brazilian Superior…
…Pakistan (1952), UK v. Spain (1969), Pakistan v. India (1971), Cuba v. US (1998), US v. Fifteen European States (2003), Brazil v. US (2016), Qatar v. Egypt, Bahrain, Saudi Arabia,…
…Ecuador, Brazil and Mexico that reflected best practices born out of the limitations placed on arbitrations by the pandemic. Other jurisdictions such as Colombia, Chile and Argentina also reported favorable…
…to achieve the highest possible level of contribution to the sustainable development” of the host State and engage in responsible business conduct (article 9, Brazil-Malawi BIT; article 14, Brazil-Ethiopia BIT)….
…PCA’s strong presence in the region. Indeed, the PCA has concluded these agreements with Argentina, Brazil, Chile, Costa Rica, Paraguay, and Uruguay. In part because of this strong network and…
…seated in Brazil under the New York Convention, notwithstanding the fact that the Tribunal had relied on a law that was not pleaded by the parties. The court held that…
…event, organized by Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada (“CAM-CCBC”), and is conceived as a calendar for law firms, universities, associations, and institutions to promote…
