On August 26, 2019, Brazil’s President sanctioned Statute # 13.867/2019, which inserts provisions in the Brazilian expropriation for public utility statute (Federal Decree 3.365/41). One of the most…
The development of the Brazilian Arbitration Act concerning the Public Administration
Under the original wording of article 1 of Law no. 9.307/96 (“Brazilian Arbitration Act”), any capable person was…
In a landmark decision rendered on May 15, 2019, the Brazilian Superior Court of Justice rejected the argument that transmission of an arbitration agreement via subrogation violated public policy.…
Introduction
Unlike other pillars of arbitration like recognition-enforcement of foreign awards and independence-impartiality of arbitrators, the Kompetenz-Kompetenz rule is far from a universal…
Brumadinho Dam’s Rupture and the First Gulf War
Writing about these events side by side might seem like a mistake at first as they hold no historical connection and emerged under completely…
“Conversation – respectful, engaged, reciprocal, calling forth some of our greatest powers of empathy and understanding – is the moral form of a world governed by the dignity of difference.” Lord…
A long-term dispute between Libra Terminais S.A., Libra Terminais Santos S.A., two companies belonging to one of the major port operating groups in Brazil (“Libra Terminais”), and the Dock Companies…
Recently, the 2018 White & Case International Arbitration Survey confirmed London, Paris, Singapore, Hong Kong, Geneva, New York and Stockholm as the most in-demand places for arbitration in the…
I. Introduction
Despite the fact that commercial arbitration has experienced a huge development in Brazil in the last years and a general favorable approach by Brazilian courts, there are fields in…
The debate around the 'extension' of arbitration agreements has, once again, been placed under the spotlight in Brazil. The Brazilian Superior Court of Justice ('SCJ') recently considered the issue…
