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The COVID-19 pandemic increases claims aiming at avoiding or reviewing contractual obligations based on arguments of force majeure and/or hardship. Giuliana Schunk and Joaquim de Paiva Muniz summarize how Brazilian law and jurisprudence have dealt with such force majeure and hardship claims, in this chart.

Author

Giuliana Schunck is experienced in civil and commercial litigation. She regularly participates in cases involving contract law, intellectual property, corporate law, insolvency and bankruptcy (including restructuring). Giuliana graduated from the Pontifícia Universidade Católica de São Paulo in 2002, obtained a "Latu Sensu" degree in 2005 from the Pontifícia Universidade Católica de São Paulo, in Contractual Law. Master's Degree and PhD in Civil Law at Universidade de Sao Paulo Law School (2008 and 2013). She has two books about Contract Law (including hardship and duty to cooperate / good-faith) and several articles related to Contract / Civil Law, the application of the CISG by the Brazilian law, Procedural Law and other issues.

Author

Joaquim de Paiva Muniz is a partner and head of the arbitration team in Trench Rossi Watanabe. Joaquim has an LL.M. from the University of Chicago and is the chair of the Arbitration Commission of the Rio de Janeiro Bar (OAB/RJ) and coordinator of arbitration courses of the Rio de Janeiro Bar, including a lato sensu graduate course. Joaquim is an officer of the Brazilian Arbitration and Mediation Center, which is the largest of its kind in Rio de Janeiro, as well as an author of many books, including the Arbitration Law of Brazil: Practice and Procedure (Juris Publishing, 2nd Edition 2015) and Curso Básico de Direito Arbitral (Juruá, 4rd Edition 2017). Joaquim can be reached at joaquim.muniz@trenchrossi.com.