Kluwer Mediation Blog – February and March Digest
“I prefer to hope that this shift in perspective will be a chance for people, organisations, businesses, politics, whatever, to put so many of their ongoing disputes and conflicts aside…
“I prefer to hope that this shift in perspective will be a chance for people, organisations, businesses, politics, whatever, to put so many of their ongoing disputes and conflicts aside…
On 25 January 2020, India and Brazil signed an investment agreement (the “India-Brazil BIT”). As an agreement that has been signed at the dawn of the new decade, it is…
…As a backgrounder, for Brazil, this is the 27th BIT it has signed, yet there is only one which has seen light of the day. Surprisingly though, both Brazil and…
During the recent visit of Brazilian President, Jair Bolsonaro, to India, Brazil and India inked the investment cooperation and facilitation treaty (hereinafter bilateral investment treaty – BIT). From Brazil’s point…
…New India-Brazil BIT According to this report, India has also signed a new BIT with Brazil in January since it revised the model BIT in 2015. The signing comes around…
…investors. Several new IIAs signed in 2019, such as the Brazil-UAE BIT, refer to the OECD Guidelines for Multinational Enterprises, which captures recommendations from governments to multinational enterprises on responsible…
…arbitration proceedings. Comment In Brazil, once the arbitration commitment is established, as a rule, it is the arbitrator’s responsibility to decide their own competence, due to the so-called competence-competence…
…arbitrators’ profile in Brazil through an analysis of the members of the lists of the leading Brazilian arbitral institutions. In the International Doctrine section, Thomas Granier examines the recent understanding…
…Short Title Date of Signature Date of Ratification ISDS (?) 1. Brazil-Morocco BIT 13/06/2019 — No 2. Brazil-Ethiopia BIT 11/04/2018 — No 3. Brazil-Malawi BIT 25/06/2015 — No 4. Brazil-Angola…
…Article 3(f). e. Brazil. Chapter II, Paragraph 4 of the Brazilian Arbitration Act. In 2017, Brazil revised its labor laws to permit disputes of executive-level employees to be resolved by…
…The Vatican e. Brazil 8. Grounds for challenging an award Which of the following statements is true about Singapore? a. The country’s arbitration act allows a party to…
…Brazil through ‘class arbitration.’ This is certainly a new source of disputes in Brazil where arbitration could be an attractive option for parties involved in these major disputes. This blog…
…and for Brazil (by Marcelo Roberto Ferro); for Africa, we have a contribution from Veronique Goncalves on OHADA Arbitration; Asia is represented by contributions on mainland China (by Kun Fan)…
…of subtle majority coalitions on distinct issues that partly complicates attempts at broad categorisations. Moreover, states such as Brazil and South Africa, which seek a more paradigmatic move away from…
…No. 320/2019 and Decree SP No. 64.356 / 2019, regarding public-private arbitration; and Ricardo Dalmaso Marques analyzes Resolution No. 35/2019 of the Arbitration and Mediation Center of the Brazil-Canada Chamber…
…private investors to develop infrastructure, Brazil has taken one positive step to expressly allow arbitration in public contracts concluded in these sectors. On 20 September 2019, the President of Brazil…
…resolution initiatives in Brazil, and on the role of empathy and values in mediation practice. You’ll find below a brief summary of, and link to, each post published on the…
…of Brazil’s new law is the possibility of submitting disputes related to expropriations to mediation and arbitration, according to Brazil’s mediation Statute and arbitration Statute. This legislative innovation is welcome…
…an alternative or strong complement to an ISDS mechanism. State-state dispute settlement mechanism as an alternative to ISDS is gaining in popularity and is increasingly found in BITs (e.g., Brazil–Ethiopia…
…States such as the Brazil–Ethiopia BIT (2018) and the Brazil–Malawi BIT (2015). A ‘Special Note’ to Article 23 of the 2016 East African Community (EAC) Model Investment Treaty shows a…
…into force prior to the Brazilian Arbitration Act, such as Law no. 8.987/95. In fact, the use of arbitration by the public administration in Brazil has been endorsed by Brazilian…
…these criticisms are valid, it is also true that over the years international arbitration has streamlined across most jurisdictions and has become predictable. International arbitrations in Brazil proceed the same…
…Indonesia, the EU and its Member States, Morocco, Thailand, Costa Rica, Brazil, Colombia, Turkey, Ecuador, South Africa, China, South Korea, Chile, Israel, and Japan.3)The Governments of Chile, Israel, and Japan…
…The World Of Tourism, Andrea Maia and Constanca Madureira consider the use of online dispute resolution and alternative dispute resolution in the context of the tourism industry in Brazil. In…