New Year’s Quiz Answers, Winner…
…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…
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The New Year Arbitration Quiz: 2020
…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…
2019 In Review, Amparo, Arbitration Act, arbitrators’ conduct, Brazil, Bribery, Colombia, Commercial Arbitration, Constitutional Court, Costa Rica, Ecuador, Guaidó, Kluwer Arbitration Blog, Latin America, Mexico, OAS Guide, Odebrecht investigation, Paraguay, Peru, Venezuela
2019 in Review: Latin America and Commercial Arbitration
…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…
The Contents of b-Arbitra, Issue 2019-2
…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)…
UNCITRAL and Investment Arbitration Reform: A Little More Action
…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…
The Contents of the Brazilian Arbitration Journal, Volume XVI, Issue 63 (September 2019)
…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…
Brazil Allows Arbitration in Public Contracts in the Port, Road, Rail, Waterway And Airport Sectors
…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…
Kluwer Mediation Blog – August and September Digest
…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…
A New Path For Public Utility Expropriations Disputes In Brazil: Arbitration And Mediation
…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…
Dispute Settlement Under the African Continental Free Trade Agreement: What Do Investors Need to Know?
…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…
The African Continental Free Trade Area and Investor-State Arbitration: What Can Investors Expect and Why?
…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…
Following the Trend: State of São Paulo Regulates the Use of Arbitration by the Public Administration
…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…
ADR, Enforcement, International arbitration, International Mediation, New York Convention, Singapore Mediation Convention
Is Singapore Convention to Mediation what New York Convention is to Arbitration?
…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…
Advisory Centre, Investment, Investment Arbitration, Investment protection, Investor-State arbitration, ISDS, ISDS Reform, UNCITRAL, Working Group III
Proposals at the UNCITRAL Working Group III for the Establishment of an Advisory Centre: A Possible Path to ISDS Reform?
…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…
Australia, Empathy, Kluwer Mediation Blog, Mediation, Mediation Act, Mediator, Scotland, Singapore Mediation Convention, The Roles of the Mediator
Kluwer Mediation Blog – June and July 2019 Digest
…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…
Transmission of Arbitration Agreements By Subrogation: The Newfound Brazilian Approach
…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…
Arbitration, Arbitration Proceedings, Artificial Intelligence, Efficiency, Finland, GDPR, International arbitration, National Courts
The 15th IFCAI Biennial Conference in Helsinki: Finding the Right Balance to Maximise Strategic and Effective Conflict Resolution
…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…
The Contents of the Brazilian Arbitration Journal, Volume XVI, Issue 62 (June 2019)
…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…
Imposing Conditions on Investor Protection: A Role of Investor’s Due Diligence
…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…
Conflict prevention, International arbitration, International dispute resolution, Latin America, Trade and investment agreements
Latin American States, International Arbitration and Trade in Investment Agreements: Quo Vadis?
…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 Brazilian Arbitration Law
…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…
What Compensates Tears? A Case Study in How To Determine Damages In Large Proportion Disasters in Brazil through Class Arbitration
…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…
Uruguay Holds Firm in Two New Awards
…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…
Kluwer Mediation Blog – February and March Digest (Part 2)
…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…