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?…
On March 07, the Brazilian Federal Attorneys’ Office (“AGU”) established in its Ruling 42 (Portaria Normativa 42), the…
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 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…
On August 9, 2021, the Brazilian Superior Court of Justice (STJ)[1] published an interesting decision on the time…
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 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…
The Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada (CAM-CCBC), which is the largest Brazilian…
Facts of the Case The São Paulo State Court of Appeals (“the Court”) annulled an arbitral award, by…
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…