Search for:
Category

Brazil

Category

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…

BRAZIL Joaquim de Paiva Muniz, Frederico Bizarro Weingartner, Luis Henrique Borghi, Bruna Silveira, Katherina Ballestra, Maria Clara Barros Mota. A. LEGISLATION AND RULES A.1       Legislation A.1.1    Amendment to bankruptcy and judicial recuperation law On 24 December 2020, the Brazilian Bankruptcy Law was amended by Law 14.112, to make the process of bankruptcy and judicial recuperation (Brazilian equivalent to US Chapter 11) more efficient, in view of the final distress triggered by the COVID-19 pandemic. The…