The Superior Court of Justice (“STJ”), which is the highest court in Brazil for non-constitutional matters, has recently decided that a party under bankruptcy cannot submit a dispute under a contract subject to arbitration clause directly to the judicial courts, so that the issue on whether the bankruptcy adversely affects the validity and enforceability of the arbitration clause shall be first resolved in arbitration. Special Appeal 1.959.435, which was judged on August 30, 2022, analyzed…
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…
On March 07, the Brazilian Federal Attorneys’ Office (“AGU”) established in its Ruling 42 (Portaria Normativa 42), the following criteria for appointment of arbitrators by the Federal Union[1] in arbitrations in which it is a party, including: full legal capacity under Brazilian Law;knowledge compatible with the nature of both the contract and the conflict;absence of any relationship with the parties or the case which would render a judge prevented from judging the case (impedimento and…
A. LEGISLATION AND RULES A.1 Legislation A.1.1. Brazilian Judiciary regulates arbitral letters for communications between arbitrators and judicial…
The Brazilian Justice Counsel published on September 29, 2021 a decision regulating arbitral letters, which are the instruments…
On August 9, 2021, the Brazilian Superior Court of Justice (STJ)[1] published an interesting decision on the time limit to request the annulment of arbitral awards with a seat in Brazil. Under art. 33, paragraph 2 of the Brazilian Arbitration Act, a party has a 90-day term to bring a judicial lawsuit to set aside an arbitral award. Such term shall be counted from the date such party is notified of the arbitral award. If…
On June 4, 2021, Brazil signed the Singapore Convention on Mediation (“Singapore Convention”), which provides a uniform framework…
Brazilian Law 14.133 was published on April 1st, 2021, introducing a new regime for private parties to bid…
The Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada (CAM-CCBC), which is the largest Brazilian arbitration institution, has recently enacted two resolutions implementing significant developments: Resolution 44/2020 on emergency arbitrators and Resolution 46/2021 on expedited procedure. Emergency Arbitrator According to Resolution 44, the emergency arbitrator is available to parties subject to arbitration agreements entered into after November 25, 2020 on an “opt-out” basis (i.e, applicable unless the parties jointly agree otherwise). For…