Protection of Confidentiality of an Arbitration in Switzerland
Confidentiality, for a long time presented as one of the advantages of international arbitration over litigation, has not been assumed to be automatically applicable since 1995, when the decision of...
View ArticleTenth Anniversary of the Brazilian Arbitration Act
Investing in a country depends on an analysis of such country's legal rules and institutions. Investors want to know the extent of legal protections in the host-country, and, very importantly, if the...
View ArticleNon-lawyers as sole arbitrators in Brazil
In Brazil, arbitrators do not have to be lawyers: non-lawyers can be chosen as arbitrators under Section 13 of the Brazilian Arbitration Act ("BAA"). While experienced professionals may bring valuable...
View ArticleEnforcement of unreasoned awards in Brazil: is it possible?
In my previous posting (Non-lawyers as sole arbitrators in Brazil), I mentioned that naked or unreasoned awards were against Brazilian public policy, as arbitral awards made in Brazil must necessarily...
View ArticleImportant Question re: Enforcement of Foreign Arbitral Awards in Brazil
Since in my previous posting I wrote about recognition and enforcement of foreign arbitral awards, I would like to comment about something that I have not yet seen addressed anywhere.Brazil acceded to...
View ArticleIs arbitration confidential in Brazil?
The Brazilian Arbitration Act contains no provision regarding the confidentiality of arbitration proceedings. Yet, some Brazilian scholars believe that there is an implicit obligation of...
View ArticleDoes Brazilian law sets forth any requirements, qualifications or qualities...
Brazilian law does not require that potential arbitrators have particular qualifications in order to act as arbitrators, but there are a few mandatory requirements, found in Sections 13 and 14 of the...
View ArticleWhat rules of procedure apply to arbitrations in Brazil? Is discovery allowed?
Brazilian law fully recognizes the concept of party autonomy (autonomia da vontade), subject only to matters of public policy (ordem pública) and morality (bons costumes). Therefore, parties to an...
View ArticleWhat does Brazilian law say about the appointment of the arbitral tribunal?
As a principle, the arbitral tribunal is appointed in accordance with the parties’ agreement.Due to the recognition of the principle of party autonomy, the Brazilian Arbitration Act (“BAA”) gives to...
View ArticleSyria and Pakistan acceded to ICSID in 2006. Vietnam may be following soon
On January 25, 2006, Syria deposited with the World Bank its instrument of ratification of the Convention on the Settlement of Investment Disputes Convention ("ICSID Convention"). It became the 143th...
View ArticleRestrictions on Parties' Representation in Brazilian Arbitration Proceedings
Today I just came across an article in the November 2006 issue of Baker & McKenzie's International Litigation & Arbitration Newsletter—International Arbitration – Pitfalls For Participants—...
View ArticleArbitration involving Brazil's biggest television network
Brazilian Website Consultor Jurídico announced today that Rede Globo—Brazil's biggest television network and the fourth largest in the world after ABC, CBS and NBC— has filed a request for arbitration...
View ArticleThe "Dark Side" of Brazilian Arbitration
Brazilian arbitration has a "dark side", which is unknown to foreign practitioners. That's the so-called "arbitragem pirata", as it has been named by Brazilian arbitration practitioners (meaning...
View ArticleGrowth of Arbitration in Brazil
As of 1995, when former President Fernando Henrique Cardoso took office, some amendments to Brazil’s 1988 Federal Constitution have been passed into law. Said amendments opened formerly closed sectors...
View ArticleFDI in Brazil, and Brazilian FDI Abroad
In my earlier posting I talked about arbitration and foreign direct investment ("FDI") in Brazil, but it is important to point out --again--, that foreign investors doing business in Brazil do not...
View ArticleShould São Paulo be considered the Latin American Arbitration Center?
I have read an article (in Portuguese) the other day which stated that São Paulo will be the most important arbitration venue of Latin America.I think São Paulo may not necessarily become the leading...
View ArticleSeat in Brazil?
Attractiveness of a particular location as a potential seat of arbitration lies ―to a great extent― to the issue of whether there are, in such seat, a modern and arbitration-friendly legislation,...
View ArticlePublicly traded companies participating in arbitrations... Do they have to...
Early this week Brazilian newspaperValor Econômico published an article about disclosure of arbitration to investors by publicly traded companies.According to the article, just a few companies traded...
View ArticleDomestic Arbitration
Arbitration is the preferred method of dispute resolution for foreign investors doing business in Brazil. Most foreign investors, however, prefer to select a foreign city —generally in the U.S. or...
View ArticleArbitration clauses in adhesion contracts under Brazilian law
In Brazil, the use of arbitration is restricted in adhesion contracts. In such contracts, an arbitration clause is valid only if the adhering party either (i) initiates arbitral proceeding against the...
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Arbitration and the choice of the arbitral seat
Brazilian newspaper Valor Economico published today an article I wrote about international arbitration and the choice of the arbitral seat.You can click in the picture to have full access to the text,...
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Alternative Dispute Resolution
Brazilian newspaper Correio Braziliense, which has a specific law section available every Monday, published yesterday an article I wrote about ADR.The articles makes a comparison between the U.S....
View ArticleBrazilian Investment in Ecuador in trouble
In my posting dated May 04, 2007, I’ve mentioned that there was a strong reason for a review in Brazil’s long-standing aversion to investment-arbitration: the protection Brazilian nationals' investment...
View ArticleUpdate on Odebrecht vs. Ecuador
International news agencies mention that Brazilian multinational Odebrecht has accepted the terms of Ecuador to resolve a dispute over the San Francisco hydroelectric plant (you can click here for...
View ArticleBrazil and Arbitration
Brazil has been attracting lots of attention from the international arbitration community. This has probably less to do with Brazil’s arbitration-friendly legislation and the pro-arbitration attitude...
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