The Brazilian Justice Counsel published on September 29, 2021 a decision regulating arbitral letters, which are the instruments foreseen in Brazilian Arbitration Act and in the Brazilian Code of Civil Procedure for communications between arbitral tribunals and judicial courts. Although arbitrators are equivalent to judges, they do not have powers to issue certain coercive orders, such as to freeze bank accounts, seize assets or compel a witness to appear in a hearing. For such coercive…
Compañía de Inversiones Mercantiles S.A. v. Grupo Cementos de Chihuahua, S.A.B. de C.V., No. 1:15-cv-02120-JLK (D. Colo. Apr.…
On August 9, 2021, the Brazilian Superior Court of Justice (STJ)[1] published an interesting decision on the time…
On June 4, 2021, Brazil signed the Singapore Convention on Mediation (“Singapore Convention”), which provides a uniform framework for settlement agreements put in writing resulting from mediations entered in one of the contracting states. Under the Singapore Convention, a party can enforce such settlement agreements in the courts of any contracting state, provided that the settlement agreement was issued in that or in another contracting state. Moreover, the party can invoke the settlement agreement in…
Before the COVID-19 pandemic, the fight against Climate Change was the number one topic on the news. What…
Brazilian Law 14.133 was published on April 1st, 2021, introducing a new regime for private parties to bid…
We are pleased to introduce the second part of our trilogy of brief commentaries on Investment Treaty Protection & Covid-19 driven State Intervention. In Part I, we saw that states have taken invasive measures in response to the Covid-19 pandemic; some of these give rise to significant claims. While investment treaties are individually negotiated and drafted, they typically include a number of key protections for investors. Provided that foreign individuals or companies meet the definition…
We are pleased to announce that the latest edition of the Baker McKenzie International Arbitration Yearbook is now available.…
On 28 March 2021 at 9:00 a.m. – 10:30 a.m. Eastern / 3:00 p.m. – 4:30 p.m. CET,…
About 20 years after their introduction, and about 10 years after their first revision, the International Bar Association (“IBA”) recently published the new version of the IBA Rules on the Taking of Evidence in International Arbitration (“IBA Rules”).[1] The update aligns the IBA Rules with developments in the international arbitration practice and selectively clarifies its provisions. It furthermore responds to the “New Normal” of conducting arbitration hearings remotely. Fundamental changes, however, were not considered necessary.…