On October 29, 2025, Brazil’s House of Representatives passed a bill amending both the Brazilian Securities Act and the Brazilian Securities and Exchange Act. The legislation aims at strengthening protections for securities investors in response to a series of supposed corporate fraud scandals involving publicly listed companies in recent years. The bill introduces a new cause of action against the following stakeholders: Liability will depend on evidence of willful misconduct or negligence, as well as…
A. LEGISLATION AND RULES A.1 Arbitration in numbers in Brazil In 2024, Selma Ferreira Lemes, a famous arbitrator…
A. LEGISLATION AND RULES A.1 CAM-CCBC enacts new rules on corporate arbitrations CAM-CCBC, which is the largest Brazilian…
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…
On 24 May 2023, the São Paulo State Court of Appeal set an arbitral award aside for considering…
CAM-CCBC, which is the largest Brazilian arbitral institution, has issued on April 26, 2023 specific rules on “corporate…
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…
The purchase and sale of electric power within the Brazilian system is effected through a chamber named “Câmara…
A. LEGISLATION AND RULES A.1 Legislation International arbitration in Brazil continues to be governed by the Brazilian Arbitration…
The Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada (“CAM-CCBC”), which is the largest Brazilian arbitration institution, revised its arbitration rules for the first time in the last ten years. The new rules entered into force on November 1, 2022 (“2022 Rules”). Below is a summary of the key changes in relation to the previous rules (“2012 Rules”). Possibility of using UNCITRAL Rules – Article 1.2 of the 2022 Rules The CAM-CCBC…