…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…
…to initiate the ICC proceedings.” (para 199). Uber has been the subject of driver lawsuits in the US, the UK, France, and Brazil. However, Uber v Heller appears to be…
On 19 May 2020 the London Court of International Arbitration (hereinafter the LCIA or the Court) issued its annual casework report for 2019. This paper aims to present and analyse…
…Indonesia, India), denouncing institutions (Bolivia, Ecuador, Venezuela) and advancing other forms of dispute resolution (Brazil, South Africa), Canada has remained a steadfast champion of ISDS and associated reform efforts. Canada…
…by India’s new BIT with Brazil) International Centre for Settlement of Investment Disputes (“ICSID”) arbitrations have never been more vulnerable to the threat of denunciation (particularly in those investment agreements…
…accessing data of arbitration proceedings administered by CBMA. The CBMA, an arbitral institution with headquarters in the city of Rio de Janeiro, State of Rio de Janeiro, Brazil, has been…
…for TMT disputes”. Challenges to the development of IP arbitration in Brazil In Brazil, however, the use of arbitration in IP conflicts is still sprouting. For instance, numbers released…
…jurisdictions where there is a specialized team of in-house counsel for complex disputes, such as the case of Brazil, where since 2018 the Federal Prosecution Office counts with a specialized…
“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…
