In recent years, there has been a boom in international demand for Latin American commodities as well as massive foreign investment in the region, especially in the energy, mining and construction…
In Brazilian domestic arbitrations, it is not uncommon for parties to make arguments or requests based on the Brazilian Code of Civil Procedure (“BCCP”), even though the Brazilian Arbitration Act (…
The advantages of exclusive jurisdiction agreements (“EJAs”) are well known; chiefly, that of knowing where a party can sue and be sued. In Brazil, EJAs are widely used in both cross border…
On 18 June 2024, the Brazilian Superior Court of Justice issued an important decision, which it clearly established the distinction between the breach of the duty of disclosure and the loss of…
On 13 June 2024, Italian Arbitration Day took place in Rome. The full-day conference saw a large number of arbitration practitioners dealing with the issue of globalization and geography in the…
Under article 14, §1 of the Brazilian Arbitration Act (“BAA”), arbitrators bear the duty to disclose “any circumstances likely to give rise to justifiable doubt as to their impartiality and…
Bill no. 2.925/2023 (“Bill”) is intended to amend federal law no. 6.385/1976 (regulating the Brazilian stock market and that created the Comissão de Valores Mobiliários, the Brazilian Securities and…
On 16 June 2023, the Brazilian Superior Court of Justice (“STJ”) resolved the Appeal in Special Appeal n. 1,905,505/SP (“Appeal”), reported by Justice Francisco Falcão. The decision was appealed, so…
The São Paulo Court of Appeals (“TJSP or “Court”) recently annulled a quantum arbitral award and referred the case back to the arbitral tribunal because one of the three arbitrators had failed to…
