...A. Brazil Brazil’s legal system is founded on monism. As such, the Brazilian Arbitration Act (“BAA”) does not distinguish between domestic or international arbitrations held in Brazil or involving Brazilian...
Search Results for : Brazil
...Arbitration Blog (Feb. 23, 2022), http://arbitrationblog.kluwerarbitration.com/2022/02/23/brazilian-superior-court-of-justice-stj-reaffirms-brazil-as-an-arbitration-friendly-jurisdiction/. [6] See, e.g., S.T.J., Special Appeal No. 1.297.974/RJ, Justice Andrighi, June 12, 2012. [7] Federal Law No. 13.129, May 26, 2015. [8] A Brazilian...
Provisional Measures in Aid of Arbitration in Brazil
Author: Camila Maceda Simão* Jurisdictions: Brazil Topics: Securities Arbitration Arbitrability Contractual or Consensual Basis of Arbitration Recent corruption scandals and improper corporate practices involving Brazilian publicly-held companies[1] have caused a...
Overview of Securities Arbitration in Brazil: Challenges and Developments
...sector disputes, by providing a brief overview of the Brazilian legal framework for arbitration and its alignment with internationally accepted arbitration principles. Brazilian Arbitration Framework Brazil has not ratified...
Mining Arbitration in Brazil
...relevance of increasing this discussion, and offers possible solutions for the lack of inclusivity in arbitration in Brazil. I. INTRODUCTION Brazil is—in essence—an incredibly diverse country. From ethnic to religious...
Diversity in Arbitration in Brazil: An Overview of the National ...
Author: Leonardo de Campos Melo* Published: May 2013 Description: I. INTRODUCTION As Brazil enters the twenty-first century a major player in world trade, Brazilian nationals and companies are increasingly involved...
Recognition of Foreign Arbitral Awards in Brazil – Vol. 24 ...
Authors: Judy Wang & Xiaoyu Huang* Jurisdiction: Brazil United States Topics: ADR Remote Hearings Confidentiality Evidence Discovery Independence & Impartiality Annulment The conference entitled...
ARIA Report: “Arbitration in Two Worlds: U.S. and Brazilian Perspectives ...
Author: Horacio Falcão** Published: December 1997 Jurisdiction: Brazil Topics: Commercial Disputes ADR Enforceability Description: On September 23, 1996, Brazil enacted its first arbitration law. The Brazilian Arbitration Law (“BAL”) was...
Recognition and Enforcement of Foreign Arbitral Awards: A New Chapter ...
Author: Lucas Bento* Published: August 2013 Description: “Emerging? No. Brazil has already emerged.” I. INTRODUCTION The tables have turned. Multi-National Enterprises (“MNEs”) hailing from developed countries are no longer exclusive...
Time to Join the “BIT Club”? Promoting and Protecting Brazilian ...
...rules on contract formation and lack of formal requirements can clash with local government procurement laws. For instance, Article 11 allows informal contracts, but countries like Brazil may require written...
Government Contracts and the CISG: Frenemies?
Authors[1]: Flávio Luiz Yarshell*, Michael A. Fernández**, Gustavo Favero Vaughn*** Jurisdiction: Brazil Canada United States Topics: Discovery Specialized Arbitration International Litigation In ZF Automotive U.S., Inc. v. Luxshare, Ltd.,...
A Pathway to Obtaining Discovery in the United States in ...
Author: Renata Brazil-David* Published: December 2011 Description: I. THE GROWING IMPORTANCE OF INTERNATIONAL COMMERCIAL ARBITRATION INVOLVING A STATE PARTY One of the most remarkable developments in international commercial arbitration is...