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…
Last February 9, the Second Section of the Brazilian Superior Court of Justice (STJ), the highest court for…
On December 23, 2016 the Brazilian Senate approved a bill for a new law to regulate public bidding…
Today the Brazilian Federal Government issued the Provisional Measure 752/2016, with new rules for extending the term of some concessions of railways, highways and airports, in consideration for additional investments. Those rules also apply to termination of certain supposedly problematic concessions, which will be subject to new bids to replace the service provider. Those rules were issued in the context of the new Brazilian privatization program (Programa de Parcerias de Investimentos – PPI) implemented by…
In the world of sport, conflicts are resolved before the Court of Arbitration for Sport (CAS), seated in…
Interview with Ronaldo Cramer, vice-president of the Rio de Janeiro branch of the Brazilian Bar Association, offered to Rodrigo…
On 16 December 2015, the Brazilian Superior Court of Justice rendered a decision, published on 22 February 2016, which put an end to a protracted dispute over the validity of an arbitration clause providing alternatively for “arbitration or mediation.” The dispute involved the holding companies of the Odebrecht and the Gradin families, respectively named Kieppe and Graal. Those are the main shareholders of Odebrecht, one of Brazil’s largest conglomerates. The former is the majority shareholder…
Abstract: The purpose of this article is to consolidate the issues raised in debates on the binding effect…
On 18 March 2016, the new Brazilian Code of Civil Procedure entered into force. The main goal of…
On 20 and 21 February 2016, the São Paulo office of Trench, Rossi e Watanabe Advogados, in cooperation with Baker & McKenzie, will welcome arbitration students from Brazil and abroad in the Pre-Moot Competition organized by the Arbitration and Mediation Center of the Brazil‑Canada Chamber of Commerce (“CAM-CCBC”). The CAM-CCBC is one of the most active ADR institutions in Brazil, offering state-of-the-art arbitration and mediation services that attract a relevant number of cases involving users…