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Baker McKenzie International Arbitration Yearbook 2020-2021 – Brazil

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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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In Arbitration Agreements

Brazilian Transport Agency Regulates Arbitration with Privates Parties

by 2 Mins Read

On May 17, 2018, the Federal Terrestrial Transport Agency of Brazil (ANTT) enacted Resolution 5,845/2019, whereby it detailed the procedure for mediations and arbitrations between ANTT and the private parties subject to its regulation, such as the concessionaires of terrestrial transport services. The resolution authorizes both the execution of agreements with arbitration clauses and the inclusion of such clauses in existing contracts in which ANTT is a party. However, including arbitration clauses in already existing…

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