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…
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…
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?…