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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)…

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…

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…

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…