Hardship

Catarina de Farias Paese (BMA - Barbosa Müssnich Aragão Advogados) , Rafael Hansen Lenzi

Judicial Reorganization and Arbitration in Brazil: An Analysis of Jurisdiction

August 10, 2023

On 25 October 2022, the Brazilian Superior Court of Justice ("SCJ") upheld a decision that suspended the filing of a proof of claim in bankruptcy proceedings and, consequently, prevented the…

Aecio Filipe Oliveira (BMA Advogados) , Rodrigo Strabko Rezende (BMA - Barbosa Müssnich Aragão Advogados)

Is a Party’s Lack of Resources a Reasonable Procedural Defense to Render an Arbitration Clause Null and Void? A Brazilian Perspective

July 8, 2023

Arbitration can be defined as a dispute resolution mechanism by which parties submit their case to a specifically chosen decision-maker to render a binding decision. Arbitration is a consensual…

David J. Stute (Pillsbury Winthrop Shaw Pittman LLP)

Expect the Unexpected: A Report from the 31st Annual ITA Workshop on Adjudicating Changed Circumstances in Commercial and Treaty Arbitration

July 19, 2019

Reflecting on fallout from economic and geopolitical turmoil since the financial crisis of 2008, the 31st Annual ITA Workshop and Annual Meeting, held in Dallas on June 19-21, 2019, focused on how to…