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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…

No training programme for first year arbitration associates is complete without an exploration of the advantages of arbitration versus litigation. Young lawyers learn the attractions of confidentiality and the enforcement benefits of the New York Convention. They hear the risks of finality and potential lack of predictability. Ultimately, we explain these to our clients, who make the decisions. Similarly, many surveys in our industry start with the same question: do you prefer arbitration or litigation?…

The Brazilian Justice Counsel published on September 29, 2021 a decision regulating arbitral letters, which are the instruments foreseen in Brazilian Arbitration Act and in 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 issue certain coercive orders, such as to freeze bank accounts, seize assets or compel a witness to appear in a hearing. For such coercive…

Brazilian Law 14.133 was published on April 1st, 2021, introducing a new regime for private parties to bid and enter into contracts with Brazilian state-controlled entities. Among other issues, the new Brazilian “Public Contracts Act” allows the adoption of arbitration, mediation and dispute boards. The new Public Contracts Act acknowledges that state-controlled entities can submit disputes to arbitration, provided that such disputes deal with “disposable pecuniary rights”. This is in line with the current wording…