Brazil Archives

In International Arbitration Yearbook

Baker McKenzie International Arbitration Yearbook 2023-2024 – Brazil

January 1, 2024 by Joaquim de Paiva Muniz, Luis Borghi, Bruna Silveira, Katherina Kuramoti Ballesta, Frederico Bizarro Weingartner, Maria Barros Mota and Pedro Antonio de Oliveira Santos 22 Mins Read

A. LEGISLATION AND RULES A.1 CAM-CCBC enacts new rules on corporate arbitrations CAM-CCBC, which is the largest Brazilian arbitral institution, issued on 26 April 2023, specific rules on “corporate arbitrations.”[1] The new CAM-CCBC rules were enacted in a context where arbitration is the preferredvenue for resolving corporate disputes in Brazil, but it is triggering several complex problems due to the need for uniform decisions for all stakeholders. Several issues haunt corporate arbitrations, such as (i)…

In Brazil

Brazil: The Price of a public service can be fixed through arbitration

August 8, 2023 by Joaquim de Paiva Muniz 3 Mins Read

In the recent “Sanessol” case[1], the Brazilian Superior Court of Justice (highest court for non-constitutional matters) has decided…

In Brazil

A member of an arbitral tribunal cannot refuse to vote on the quantum of a claim, even if he/she has previously decided that the claim is meritless

June 7, 2023 by Joaquim de Paiva Muniz and Maria Barros Mota 6 Mins Read

On 24 May 2023, the São Paulo State Court of Appeal set an arbitral award aside for considering…

In Brazil

CAM-CCBC enacts new rules on Corporate Arbitrations

May 8, 2023 by Joaquim de Paiva Muniz 4 Mins Read

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…

In Brazil

Brazilian Superior Court of Justice holds that, except for urgent matters, the courts have no jurisdiction to process early production of evidence proceedings when there is an arbitration provision in the contract

April 6, 2023 by Luis Borghi and Mauricio Sada 4 Mins Read

The Brazilian Procedural law has for long provided a procedural tool for a potential plaintiff to obtain evidence…

In Brazil

New arbitration provision for disputes on the Brazilian market for power purchase agreements

March 1, 2023 by Joaquim de Paiva Muniz 3 Mins Read

The purchase and sale of electric power within the Brazilian system is effected through a chamber named “Câmara…

In Brazil

Baker McKenzie International Arbitration Yearbook 2022-2023 – Brazil

January 1, 2023 by Joaquim de Paiva Muniz, Luis Borghi, Bruna Silveira, Katherina Kuramoti Ballesta, Frederico Bizarro Weingartner, Maria Barros Mota, Patrícia Manta Roberto and Pedro Santos 15 Mins Read

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…

In Brazil

Revised Chamber of Commerce Brazil-Canada Rules 2022

November 23, 2022 by Joaquim de Paiva Muniz and Maria Barros Mota 8 Mins Read

The Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada (“CAM-CCBC”), which is the largest Brazilian…

In Brazil

Brazilian Securities and Exchange Commission Regulates Disclosure to the Market of Information on Securities Arbitrations

May 31, 2022 by Joaquim de Paiva Muniz 4 Mins Read

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…