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In the recent “Sanessol” case[1], the Brazilian Superior Court of Justice (highest court for non-constitutional matters) has decided that the price of a public service can be fixed through arbitration. Sanessol, which is a private provider rendering water and sewage services to the public, brought an arbitration against the city of Mirassol, State of São Paulo, to raise the price of the services provided there. The claim was based on a right to price increase…

The Brazilian Procedural law has for long provided a procedural tool for a potential plaintiff to obtain evidence in aid of court proceedings or arbitration, known as early production of evidence (produção antecipada de provas). Until 2015, such procedural tool aimed at anticipating the production of an evidence when there was a risk of losing the opportunity or that the production of such evidence would become impractical or impossible. In other words, urgency was a…

A. LEGISLATION AND RULES A.1 Legislation International arbitration in Colombia continues to be governed by section 3 of Law 1563 of 2012 (“Law 1563”). This section is based on UNCITRAL Model Law with certain amendments (“International Arbitration Statute”). Congress is still debating Bill No. 009/21, authored by the Ministry of Justice and Law, which proposes to introduce a few amendments to the International Arbitration Statute.[1] The two proposed amendments in this bill have already been…

A. LEGISLATION AND RULES A.1 Legislation Chile continues to have a dual legal framework in the field. Domestic arbitration is ruled by the Organic Code of Courts and the Code of Civil Procedure, whereas international arbitration is governed by Act No. 19,971 on International Commercial Arbitration (“ICA Act”), which came into force in September 2004 and it is mostly a replica of the UNCITRAL Model Law. Chile is also a signatory to the New York…