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The Brazilian Senate approved amendments to the Brazilian Arbitration Act (Law 9.307 of 1996) with new provisions in support of arbitration. The text (in Portuguese) is available here.

The bill is still to be sanctioned by the President, officially promulgated, after which it undergo a 60-day period of vacatio legis before coming into force.

The amendments reinforce the pro-arbitration stance adopted by the Brazilian legal system. The new regulation consolidates many advancements stirred by case law, such as the subjective arbitrability of disputes involving the public administration, the binding effect of arbitration provisions included in bylaws or statutes, or court support for interim measures rendered in arbitration proceedings. There are also new provisions regulating the reference to arbitration of disputes relating to consumer and employment contracts, and a most convenient provision regulating the exchange of communications between courts and arbitration panels allowing for a more objective and expeditious.


Luis Peretti is a senior associate in the arbitration and ADR practice group of Trench Rossi e Watanabe Advogados in cooperation with Baker & McKenzie. He assists Brazilian and foreign clients in domestic and International arbitration proceedings in connection with a wide range of legal areas, such as agribusiness, construction, infrastructure, intellectual property and corporate transactions. His practice areas include pre-arbitration consulting, as well as counseling in arbitration proceedings before the best-reputed arbitration institutions - Brazilian and foreign - and in lawsuits ancillary to arbitration proceedings. Luis Peretti became an associate in Trench Rossi e Watanabe Advogados in 2011. He practices in civil litigation since 2004 and has developed experience in domestic and international arbitrations involving commercial disputes as well as investment disputes conducted under the auspices of the ICSID. Luis Peretti can be reached at and + 55 11 3048 6800.