…Brazil’s response to the investor-State arbitration regime through the current model CFIA. It assesses how the reception of Brazil’s Model CFIA among Brazilian stakeholders and commentators may have influenced the…
…namely, on 25 January 2020 when India signed a new BIT with Brazil. In the words of this blogpost, the new BIT ‘is noteworthy for its departure from the widely…
…the company lost in 1997 the monopoly over the exploitation of oil resources in Brazil, Petrobras, under Brazilian law and its corporate bylaws, must follow market-oriented policies and compete on…
…Investment Aspiration of CEPA: A Semantic Move or an Actual Objective? Similar to the EU-Japan and India-Brazil economic partnership agreements which came into force in 2021, the CEPA moved away…
…was maintained by majority. Appeals Court Judge Sérgio Shimura dissented from the reporter, Appeals Court Judge Grava Brazil. He understood that the interlocutory appeal should be granted once there was…
…jurisdiction. Of course, there is a scope for improvement and the journey continues. New India-Brazil BIT As covered in a prior post, India and Brazil signed a BIT at…
…from Argentina, Australia, Brazil, Chile, China, the Dominican Republic, Israel, Korea, Paraguay, Spain, and Thailand. In appointing arbitrators, the parties to the dispute or the appointing authority may, but are…
…of a global economic crisis, and (ii) the impact of insolvency on arbitration agreements and ongoing arbitrations in Brazil according to the new legislation (highlighting, when appropriate, precedents from the…
…panel surveying immunity of arbitrators and the use of constitutional actions in Latin America. Leonardo de Castro Coelho (Mattos Filho, Brazil), María Angélica Burgos (Baker McKenzie, Bogota), María del Mar…
…to address pandemic-like situations expressly yet. Table 1 – Preambular Text Preambular text regarding human rights (Yes/No) Japan–Morocco BIT Yes (mentions public health, environment, natural resources) Brazil–India CFIA No…
In this issue, the Brazilian Arbitration Journal pays tribute to Professor Theophilo de Azeredo Santos, one of the pioneers of arbitration in Brazil, in a Note In Memoriam by Selma…
…obtain interim relief against a governmental entity); and (iv) limits the capacity of individuals to serve as arbitrators. Brazil continues to be active in arbitral developments As one of the…
…Brazil; the data being processed belongs to individuals located in Brazil at the time of its collection; or the data has been collected in Brazil. The GDPR and the LGPD…
…cooperation and facilitation treaty (‘India-Brazil BIT’). Although seeking to encourage the ‘cooperation and facilitation’ of foreign investors, the India-Brazil BIT provides little in the way of investment protection: it does…
…Brazil-India BIT, demonstrate that States are increasingly including human rights protections in investment treaties. Mr. Cassel mentioned that States are best placed to include human rights in international investment law,…
…1)The figures in this section are derived from UNCTAD record-keeping. In the past two years alone, the UAE has signed BITs with Panama, Mali, Kazakhstan, Argentina, Japan, Zimbabwe, Uruguay, Brazil,…
…the reorganization declaration will continue. Brazil and Colombia As already mentioned, Brazil does not have an express provision dealing with insolvency vis-à-vis arbitration. However, other provisions of Brazilian insolvency…
…and Facilitation Treaty signed between Brazil and India on January 25, 2020. This edition’s Arbitration Classic is Emmanuel Gaillard’s Article “Les Manoeuvres Dilatoires des Parties et des Arbitres Dans l’Arbitrage…
Brazil’s new Franchising Law (Law No. 13.966/19) was published on December 27th, 2019 and became effective as of March 27th, 2020. One of the innovations (more of a confirmation) set…
…and expertise in specific fields), administrative intervention, or legislative improvement (FIO’s 2018 annual report, p. 43). So, too, Brazil’s Direct Investments Ombudsman (“DIO”) serves as a “single window” for investors…
On August 11th, 2020, the Cayman Islands Court of Appeals overturned the decision that denied the enforcement of the arbitral award that ordered the MatlinPatterson Global Opportunities Partners private investment…
On 11 August 2020, the Court of Appeals of the state of São Paulo, Brazil, annulled an arbitral award1)1ª Câmara Reservada de Direito Empresarial do Tribunal de Justiça de São…
…a Party, among others. These exclusion(s) are present in the BITs negotiated by India with Brazil (2020), Belarus (2018), Taipei (2018) and Bangladesh (2017). Secondly, the Model BIT has taken…
…resulting from: recently initiated Section 301 investigations of digital services taxes imposed/proposed by Austria, Brazil, Czech Republic, the EU, India, Indonesia, Italy, Spain, Turkey and the United Kingdom; COVID-related trade…
