The ICC Secretariat Behind the Scenes: A Chat with Ana Serra e Moura
…Survey highlighted the efforts made by the ICC at opening an office in São Paulo, Brazil, which also includes a modern hearing centre. In less than one year, the São…
Search Results for: brazil
Commensalism in International Investment Arbitration: The Rule of Law and CSR in the New Dutch Model BIT
…the idea of “equality before the law”, which is inherent to it. And yet, it is hardly ever acknowledged explicite. Model treaties of Brazil, Colombia, Czech Republic, Germany, Mexico, the…
Paraguayan Court of Appeal Recognizes Arbitrators’ Powers to Decide Issues of Illegality and Corruption
…with the important players of the region, such as Brazil, Chile, and Argentina, however, each small step forward is welcomed and celebrated. References[+] References ↑1 Recurso de Nulidad interpuesto por…
Experience, Transparency and Diversity in the Formation of Arbitral Tribunals: How to Effectively Implement it?
…of Nanni Advogados in São Paulo and Young ITA Regional Chair for Brazil, were in charge of the opening remarks. Júlio Bueno started by drawing attention to one of the…
Topical issues in ISDS: Latin America – A Review of Recent Developments – A report from the CERSA
…the constitution of Argentina. Brazil for decades has remained outside of the traditional system but is now leading with a facilitation agreement without ISDS, is this a viable approach? José…
Chinese Investments in Latin America: Disputes along the Non-Conventional Belt and Road
…Peru, Trinidad and Tobago and Uruguay. An important exception is Brazil, China’s largest partner in the region, having received a staggering 55% of all Chinese investment in Latin America over…
Lessons from Perú’s Legacy in Public Procurement: A Successful Approach to Follow and Mistakes to Avoid
The recent Petrobras – Lava Jato government fraud scandal that hit Brazil hard and swept through other Latin American countries has also greatly affected Perú. According to Marcelo Odebrecht (a…
Adhesion Contracts, Arbitration Agreement, Brazil, Brazilian Arbitration Act, Franchising Contracts, kompetenz-kompetenz
Recent Developments on Arbitration in Franchising Contracts: a Brazilian Perspective
…Validity of Arbitration Agreements Related to Franchise Contracts in Brazil? The recent decision of an important Court of Appeal in Brazil might lead us to the conclusion that the rules…
To ‘Extend’ or Not to ‘Extend’? An Analysis of the Brazilian Superior Court of Justice’s Judgement in REsp. 1.639.035 – SP
The debate around the ‘extension’ of arbitration agreements has, once again, been placed under the spotlight in Brazil. The Brazilian Superior Court of Justice (‘SCJ’) recently considered the issue in…
Brazil, Cooperation and Facilitation Investment Agreements, Investment, Investment agreements, Investment protection
Brazil Warms To The Global Procurement Market Further With New Chile Treaty, But Still No Arbitration For Investors
…to the International Centre for Settlement of Investment Disputes Convention (ICSID Convention). To date, however, this approach has not limited Brazil’s attractiveness to foreign investment, with Brazil being a leading…
Blockchain and Cryptocurrencies: The New Frontier of Investment Arbitration?
…(such as Brazil, which in early 2018 elected to prohibit investments in crypto by investment funds and ruled that cryptocurrencies are not financial assets), there are arguably two strands to…
¡Entra la cancha!: The Arbitrator Intelligence LatAm Campaign
…highlight trends and arbitrators in the region by generating Arbitrator Intelligence Reports on Latin American Arbitrators, which parties can use in future arbitrator selection. The LATAM campaign focuses on Brazil,…
Kluwer Mediation Blog – August & September Digest
…and then turn their focus to Brazil. They explore the opportunity for further use of ODR in Brazil and consider the resistance in Brazil to an increased used of ODR….
Snapshot on Litigation Finance in Latin America
…rules around funding, let alone disclosure. However, in Brazil, the CAM-CCBC (Brazil Canada Chamber of Commerce), a leading arbitral centre, issued guidelines in July 2016 recommending the disclosure of funding…
Generating Needed Information about Arbitrators, One Arbitration at a Time
…the success of the Peru Flash Campaign in various regions. Starting with Latin America, AI is in the process of recruiting AI Ambassadors for on Brazil, Colombia, Argentina, Chile,…
Brazil, CFIA, Development, foreign direct investment, Investment agreements, Investment law, Latin America
Cooperation and Facilitation Investment Agreements in Brazil: The Path for Host State Development
Brazil has recently executed two new Cooperation and Facilitation Investment Agreements (“CFIAs”) with the Federal Democratic Republic of Ethiopia on April 11, 2018; and with the Republic of Suriname on…
First Lusophones’ Arbitration Meeting: Note and Invitation Translating Cultures and Promoting Arbitration
…engage in foreseeable international commercial transactions. If in contemporary Portugal international arbitration has also grown in light of the European tradition, in Brazil arbitration was needed as a better-suited solution…
Arbitration, Jurisdiction and Culture: Apropos the Rules of Prague
…from Brazil, when comparing the IBA and the Prague Rules, states: “The Prague Rules and the IBA Rules are examples of soft law.” Borrowing the expression from Bryan H. DRUZIN,…
Brazil, Commercial Arbitration, Enforcement, Latin America, Recognition and enforcement of arbitral award
Recognition of Foreign Arbitral Awards in Brazil: The Abengoa Decision One Year On
For the past few years, Brazil has gained recognition as an “arbitration-friendly” seat when it comes to the enforcement of foreign arbitral awards. However, last year, in a groundbreaking decision,…
Arbitration involving State-owned Entities in Rio de Janeiro: We Cannot See the Wood for the Trees
…20, 2018. As a brief introduction, and to provide context of the enactment of the referred statute, it is relevant to set forth three pieces of information concerning Brazil. First,…
A Brief Analysis of the Legal Background Surrounding Arbitration and the Enforcement of Foreign Arbitral Awards in Brazil
In the past decade, the legal landscape in Brazil has changed significantly to better accommodate alternative dispute resolution methods, including mediation, conciliation, and arbitration. Brazil recently revised its Civil Procedure…
The Death of ISDS?
…have a private right of standing. On another side, Brazil and others have proposed alternatives involving mediation, possibly backed by state-state dispute settlement processes, or public enforcement in which the…
Developing Country Opposition to an Investment Court: Could State-State Dispute Settlement be an Alternative?
…publicly available. Developing Country Opposition—to ISDS, the EU ICS and the Multilateral Investment Court In recent years, countries including Brazil, India and South Africa have significantly rethought their approach to…
Kluwer Mediation Blog – January Digest
…the practice of amicable dispute resolution. In “A Light at the end of the tunnel for labour disputes in Brazil”, Andrea Maia explains recent changes to labour laws in Brazil…