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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…

On December 24, 2020 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 pandemia. The declaration of bankruptcy or the granting of judicial recuperation automatically stays certain types of lawsuits, such as execution lawsuits, for a period of 180 days, renewable on an exceptional basis for additional 180 days.…

On March 19, 2020, the City of São Paulo enacted Law 17.324/2020, to foster out of court resolution of disputes. The purpose is to reduce litigation in the city, stimulate ADR’s and better manage the high volume of judicial lawsuits currently handled by the city attorneys. São Paulo shall implement a public policy to broaden the adoption of out of court solutions, to be coordinated by the chief-city attorney. Moreover, the new law has lowered…

On August 27, 2019, Law No. 13.86/19 was published, amending Decree-law No. 3.365/41 (the Brazilian statute on expropriation) to authorize the definition of amount due to owners in expropriation of assets for projects through mediation and/or arbitration. This new law provides that, first, the government shall present to the owner an offer of amount to be paid as indemnification due to the expropriation. The owner has 15 days to answer; silence will be considered as…