Facts of the Case The São Paulo State Court of Appeals (“the Court”) annulled an arbitral award, by request of the claimant in the arbitration (an insurance company), on the grounds that the presiding arbitrator violated his duty of disclosure (Decision of the court in Portuguese available here). The arbitration started in March 2015, and the award was issued on February 7, 2018. During the course of the arbitration, the respondent appointed the presiding arbitrator…
BRAZIL Joaquim de Paiva Muniz, Frederico Bizarro Weingartner, Luis Henrique Borghi, Bruna Silveira, Katherina Ballestra, Maria Clara Barros…
On December 24, 2020 Brazilian Bankruptcy Law was amended by Law 14.112, to make the process of bankruptcy…
The COVID-19 pandemic increases claims aiming at avoiding or reviewing contractual obligations based on arguments of force majeure and/or hardship. Giuliana Schunk and Joaquim de Paiva Muniz summarize how Brazilian law and jurisprudence have dealt with such force majeure and hardship claims, in this chart.
The COVID-19 crisis required the Brazilian people to adapt their routine to contain the spread of the virus.…
On March 19, 2020, the City of São Paulo enacted Law 17.324/2020, to foster out of court resolution…
BRAZIL Joaquim de Paiva Muniz, Luis Henrique Borghi, Bruna Silveira, Katherina Kuramoti Ballesta, Maria Clara Barros Mota, Frederico Bizarro Weingartner. A. LEGISLATION AND RULES A.1 Legislation The main regulatory developments concerning arbitration in Brazil in 2019 dealt with the participation of governmental entities. That follows due to the legal authorization included in the 2015 amendment to the Brazilian Arbitration Act as well as the implementation of aggressive privatization programs by the Federal Government. First, the…
On September 20, 2019, Decree 10,025/2019 was enacted, to regulate arbitration with the Federal Union, federal administration entities…
On August 27, 2019, Law No. 13.86/19 was published, amending Decree-law No. 3.365/41 (the Brazilian statute on expropriation)…
The State of São Paulo has issued on July 31, 2019 Decree 64,356, which regulates arbitration with such State and the entities it controls. Institutional arbitrations should be preferred, being ad hoc arbitrations allowed only in exceptional cases, which shall be duly justified before this choice is made. The State of São Paulo will prepare a list of pre-approved arbitration centers, among the ones with secretarial capabilities and hearing centers in São Paulo and widely-known…