…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…
…Court thus gave full effect in Brazil to a foreign arbitral award resulting from a transmitted arbitration agreement. The decision sets the “law of the land” on a highly-debated issue…
…of the Chamber of Commerce Brazil Canada CAM-CCBC, Brazil), Ralf Lindbäck (Wärtsilä Corporation, Finland), James South (CEDR, UK) and Urs Weber-Stecher (Wenger Vieli AG, Switzerland). Tuuli Timonen started off the…
…de Castro Viana comment on the importance of improving lawyers’ collaborative posture for the development of mediation in Brazil; and Thiago Marinho Nunes studies the use of arbitration as an…
…investor to compliance with national laws.2)Article 14, Brazil – Ethiopia BIT (2018); Article 15, Brazil – Guyana BIT (2018); Article 15, Brazil – Suriname BIT (2018). The latter provision also…
…turn, Brazil has led a new path in understanding international investment arbitration. Still consistent with its traditional slant on IIAs (signature but no-ratification of treaties), Brazil has moved on to…
…the Kompetenz-Kompetenz rule in Brazil, specifically examining the Superior Court of Justice’s (SCJ) case law. It also updates and discusses new developments to previous posts in this Blog (here, here…
…Brazil, and how those foundations may or may not allow for class arbitration, which then allows for a comparison to the American experience in this area of law. Brazil adopts…
…victory, the Southern nation remains undefeated in ICSID proceedings. The other involved a commercial dispute with Conecta S.A. (Conecta), a local gas distribution subsidiary of Brazil’s Petrobras. ICSID Tribunal…
…dam collapse in Brazil and under which a foundation was created to act as a third party and mediate between victims and the dam company. In “I Ching and mediation…
…Regional Chairs (one for each of the following regions: North America, South America (Spanish-speaking jurisdictions), Brazil, Mexico and Central America, United Kingdom, Continental Europe, Middle East and Asia). The applications…
…resolution practitioners, as well as the CPR International Mediation Competition which we launched three years ago out of Brazil. Prior to my legal career, which I started at Shearman &…
…York, Hong Kong and Brazil, from which –and not exclusively from Paris– the institution is able to administer arbitration procedures. Among the initiatives of the ICC are its efforts to…
…renowned for its scepticism of and disengagement with ISDS. After the famous “Tokyo No” meeting in 1964, all Latin American countries voted against the ICSID Convention. Brazil, the largest economy…
…Santos in São Paulo, Brazil. The historic award is the first decision based on controversial statutes regulating arbitration in the ports sector in Brazil. This decision can provide insights on…
…the justice system. In “Let mediation be mediation. Conciliation versus mediation in Brazil”, Maria Nazareth de Serpa explains the meaning of each of mediation and conciliation in Brazil. Nazareth describes…
…different renewable sources. Bolivia and Ecuador’s recent denunciations of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention), Brazil, Mexico and Colombia’s…
…in Brazil that these decisions represent exceptions. Conclusion In conclusion, based on all the above mentioned reasons, we can affirm with confidence that Brazil is currently an arbitration-friendly jurisdiction….
