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…
On April 30, 2019 the Brazilian Federal government has enacted Provisional Measure 881 (“MP 881”), with the intention…
On January 7, 2019, it became public the award of the arbitral proceeding between, on one hand, Libra…
On May 9, 2018, Justice Nancy Andrighi of the Superior Court of Justice – STJ, the highest Brazilian court for non-constitutional matters, issued an injunction reaffirming the principle of competence-competence under articles 8, sole paragraph and 20 of Brazilian Arbitration Act, according to which the arbitration panel is the only body competent to judge the competence of the arbitral venue, if an arbitral proceeding is pending. In her decision, Justice Andrighi revoked an anti-arbitration injunction…
The city of São Paulo enacted on February 23, 2018 Law 16.873, which regulates the use of dispute…
The State of Rio de Janeiro has issued Decree no.. 46,245/2018, regulating arbitrations involving state entities, especially for…
On June 21, 2017, the Court of Appeals of São Paulo confirmed the validity of an arbitration clause set forth in an international sales representation agreement. The dispute began when an American company decided to terminate a sales representation agreement with a Brazilian representative. The agreement was in force for 20 years. The Brazilian representative used to intermediate sales between the American company and Brazilian customers. The agreement, however, provided that any party could terminate…
The Brazilian Oil and Gas Agency (“ANP”) has recently published the draft agreements for exploration and production of…
Law 13.448 was published today in Brazil, to regulate the possibility of extending or submitting to new bid…
On April 26 the Brazilian House of Representatives has approved a reform of the Brazilian Labor Code (“Consolidação das Leis do Trabalho”), aiming at rendering the Brazilian labor market more flexible and allowing more negotiation of rights between employers and employees. One new provision expressly allows arbitration in employment agreements, provided that (i) the monthly compensation of the employee is higher than a certain threshold (at least twice the cap on social security pensions); and…