In 1996, when the Brazilian Arbitration Act ("BAA") came into force, the New York Convention (“NYC”) was still facing considerable resistance from the Brazilian Executive and Legislative branches. At…
and Rômulo Greff Mariani, Souto Correa Cesa Lummertz & Amaral Advogados
The enforceability of arbitration clauses in the bylaws of companies set up under Brazilian law has long been a source of…
On May 26, 2015, the law containing the amendments to the Brazilian Arbitration Act (BAA) was finally enacted (Law n. 13,129/2015), almost 20 years after the publication of the BAA. It will soon…
On 27 July 2015 the Bill amending to the Brazilian Arbitration Law will come into force, introducing significant changes in the arbitration legal framework, which, according to the stated purpose of…
On May 26, 2015, Brazil signed its third investment treaty of 2015 with Mexico. Given the agreements previously signed with Angola and Mozambique, this certainly comes as a confirmation of a new…
The Rio 2016 Olympic and Paralympic Games and the Dispute Resolution Board Foundation are implementing dispute avoidance and resolution provisions in a unique way across 35 contracts for this…
In article 35 of the Brazilian Arbitration Law ("BAA") it states that, in order to be enforced in Brazil, a foreign arbitral award (i.e., an award issued outside Brazil’s territory) must be…
The rise of China as a major economic and political actor is one of the defining features of the twentieth-first century. Much of China’s growing power comes from its ever-expanding economy. In…
On September 1, 2014, the Brazilian Superior Court of Justice (“STJ”) issued an important decision recognizing, for the first time, an unreasoned arbitral award in Newedge USA, LLC v. Manoel Fernando…
Recently, the Kluwer Arbitration Blog published a post regarding the ongoing saga between the The Clorox Company and the Petroplus Companies. That post sought to answer two general questions: 1) the…
