…taken in their jurisdictions—Brazil, South Korea, Egypt, and India—that led to the rise of international arbitration and the establishment of a local arbitration bar. For Brazil, Mr. Mejias stated that…
…disputes through arbitration in some jurisdictions, which include Iran, Brazil and South Africa. This post explores the Iranian approach to the аrbitrаbility of IPR disputes. In doing so, this post…
…including of CAM-CCBC, in promoting arbitration in Brazil? To an extent, it is possible to say that the process of consolidation of arbitration in Brazil is intertwined with CAM-CCBC’s growth….
…the United States, India, Brazil and China – should not ratify it. States that have already done so, like Singapore and Mexico, should reconsider and, utilizing Article 33, should withdraw…
…Replacement of ISDS provisions with non-binding dispute settlement or State-to-State dispute settlement, which would constitute a de facto return to national courts eg. Brazil’s Cooperation and Facilitation Agreements, US-Mexico-Canada Agreement…
…Cesar Ciampolini, date of Judgment March 2nd, 2021). In Brazil, all the documents produced by the parties during the arbitration proceedings are kept confidential. However, when the TJSP ruled on…
…conducted by state entities. Its legal provisions intend to bring greater legal certainty for those who want to invest in large projects in Brazil led by the Federal, State or…
…jurisdictions in the region, as well as representatives from arbitral institutions. With Martín Rosati (Ferrere, Uruguay) as host and Renato Stephan Grion (Pinheiro Neto Advogados, Brazil) delivering the opening remarks,…
…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,…
