On April 30, 2019 the Brazilian Federal government has enacted Provisional Measure 881 (“MP 881”), with the intention of boosting economic freedom and reducing bureaucracy. MP 881 reflects a liberal view of law. Not only it lifts several formalities for business activities, but it also changes key legal provisions in a pro-business manner, including stricter rules on piercing of corporate veil and more flexibility to set up certain corporate structures. The MP 881 amended certain…
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…
The city of São Paulo enacted on February 23, 2018 Law 16.873, which regulates the use of dispute boards in its contracts, to foster the adoption of this dispute mechanism in the contracts with the municipality and their controlled entities. The parties will have freedom to choose among a dispute review board (to issue non-binding recommendations), a dispute adjudication board (to issue contractually binding decisions, that may be later discussed in court) or a combined…
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…
The Brazilian Oil and Gas Agency (“ANP”) has recently published the draft agreements for exploration and production of oil and gas in Brazil, which will apply to the next bid rounds (public bids for private parties to acquire exploration and production rights) (available in English here). The 14th general bid round for concession of blocks in Brazil is expected to take place in September 2017, while the 2nd and 3rd special bid rounds for the…
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…
On April 19, the special chamber of the Brazilian Superior Court of Justice denied recognition of an arbitral award issued in the United States in favor of Abengoa against Adriano Ommeto Agricola et al. (SEC 9.412/US), involving a US$100 Million claim for breach of representations and warranties in the acquisition of a sugarcane mill in Brazil. The ground for the denial was that the law firm of the chairman of the arbitral tribunal had received…