CAM-CCBC, which is the largest Brazilian arbitral institution, has issued on April 26, 2023 specific rules on “corporate arbitrations” The New Rules “Corporate arbitrations” are defined as the ones in which: (i) the arbitral award can affect not only the parties, but also, on one hand, a corporation, limited company or association and, on the other hand, its respective shareholders, partners or members (as the case may be) and/or their respective administrators (the so-called “Affected…
The Brazilian Procedural law has for long provided a procedural tool for a potential plaintiff to obtain evidence…
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 Act (Law No. 9.307/1996, as amended by Law No. 13.129/2015), to which there have been no legislative amendments in the past year. A.2 Institutions, rules and infrastructure 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…
The Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada (“CAM-CCBC”), which is the largest Brazilian…
The Superior Court of Justice (“STJ”), which is the highest court in Brazil for non-constitutional matters, has recently…
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…
No training programme for first year arbitration associates is complete without an exploration of the advantages of arbitration…
On March 07, the Brazilian Federal Attorneys’ Office (“AGU”) established in its Ruling 42 (Portaria Normativa 42), the…
A. LEGISLATION AND RULES A.1 Legislation A.1.1. Brazilian Judiciary regulates arbitral letters for communications between arbitrators and judicial courts On 29 September 2021, the Brazilian Justice Counsel (the institution supervising Judiciary Power) issued a regulation on arbitral letters, which are the instruments foreseen in the Brazilian Arbitration Act and the Brazilian Code of Civil Procedure for communications between arbitral tribunals and judicial courts. Although arbitrators are equivalent to judges, they do not have powers to…