On August 27, 2019, Law No. 13.86/19 was published, amending Decree-law No. 3.365/41 (the Brazilian statute on expropriation) to authorize the definition of amount due to owners in expropriation of assets for projects through mediation and/or arbitration. This new law provides that, first, the government shall present to the owner an offer of amount to be paid as indemnification due to the expropriation. The owner has 15 days to answer; silence will be considered as…
The State of São Paulo has issued on July 31, 2019 Decree 64,356, which regulates arbitration with such…
While it hasn’t been a record year for most arbitral institutions, the demand for arbitration is still very…
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…
The Fédération Internationale des Ingénieurs-Conseils (FIDIC), in association with the International Tunnelling and Underground Space Association (ITA-AITES), launched…
Colombian constitutional law provides an action for the defense of fundamental constitutional rights, known as a “tutela action.”…
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…
We are pleased to announce that the twelfth edition of The Baker McKenzie International Arbitration Yearbook is now…
In the field of mergers and acquisitions, warranties and indemnities introduced to share purchase agreements (SPAs) offer certain…
Asia Pacific Australia Final report of government inquiry into banking and financial services A Government inquiry is examining standards and misconduct in the banking and financial services industry, with a final report due by 1 February 2019. Financial institutions have already been served with legal proceedings (including class actions) arising from the inquiry, which is expected to continue. First year of Trans-Pacific Partnership Australia has ratified the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, along…