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The purchase and sale of electric power within the Brazilian system is effected through a chamber named “Câmara de Comercialização de Energia Elétrica – CCEE” (Electric Power Commercialization Chamber), which has a “convention for commercialization of electric power” (the “Convention”) setting forth some mandatory terms and conditions for power purchase agreements (“PPA’s”). The Convention includes an arbitration provision. For many years, disputes before the CCEE should have been resolved via arbitration before the FGV Arbitration…

Most securities disputes involving corporations listed in Brazil go to arbitration. For instance, to be listed at the “New Market” (the listing segment of corporations with the best corporate governance) at B3 (Brazilian largest stock exchange), the by-laws of such corporations shall provide for arbitration as the conflict resolution venue. As a result, there has been increasingly usual over time for minority shareholders to file arbitrations against corporations for abuse of power and/or provision of…

Factual Background In “Milantic Trans SA (“Plaintiff”) v. Ministry of Production (Río Santiago Shipyard et al.) (“Respondent”) the Plaintiff requested the recognition and enforcement of two awards rendered by an arbitral tribunal seated in London, England (“Arbitral Tribunal”). The award on the merits was issued on November 15, 2004. The award on court costs and attorneys’ fees was issued on July 1, 2005. Decision of the Court of First Instance On November 17, 2006, the…

A. LEGISLATION AND RULES A.1       Legislation International arbitration in Venezuela continues to be governed by the Commercial Arbitration Law, published in the Official Gazette of the Bolivarian Republic of Venezuela No. 36.430 on April 7, 1998, to which no legislative amendment has been made since. However, a new dispute board was created in 2019. This contemplates other projects of any nature contrary to prior Dispute Boards that are based on preventing engineering and construction conflicts.…