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New Brazilian Bid and Public Contracts Act fosters the use of arbitration

by 2 Mins Read

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…

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In Brazil

Baker McKenzie International Arbitration Yearbook 2020-2021 – Brazil

by , , , , and 15 Mins Read

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…

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In Brazil

How Brazilian arbitral institutions are reacting to the COVID-19 pandemic

by and 1 Min Read

The COVID-19 crisis required the Brazilian people to adapt their routine to contain the spread of the virus. The arbitration institutions could not act differently: they also changed their operations, closing offices and focusing on conducting proceedings online. We summarize in this table how Brazilian institutions are working through these difficult days and we will provide you with regular updates.

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In Brazil

Brazil Enacts Decree Regulating Arbitrations Involving the Federal Union

by 4 Mins Read

On September 20, 2019, Decree 10,025/2019 was enacted, to regulate arbitration with the Federal Union, federal administration entities and concessionaires of federal public services. The decree clarifies that the arbitration can resolve controversies on any “patrimonial disposable right”, such as (i) the economic and financial balance of contracts; (ii) indemnification due to termination or transfer of agreements; and (iii) breach of contractual provisions, including application of penalties. In arbitrations involving Brazilian federal entities, only Brazilian…

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