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…
By Ana Carolina Weber and Eleonora Coelho
The views expressed in this article are those of the authors alone and should not be regarded as representative of, or binding upon…
Do international arbitrators have the power to overturn interim measures granted by a Brazilian court? Do Brazilian courts have the power to stay international arbitrations? A recent decision…
Brazil has well-developed systems both in arbitration and class actions and yet the use of arbitration as a class-litigation dispute resolution has been little discussed. In the USA, on the other…
The Competence-Competence Principle is a fundamental principle of international arbitration. It is recognized in article 8 of Brazilian Arbitration Law. However, in Companhia de Geração Térmica de…
By Manuel Castelo Branco and Raquel Galvão Silva
The proposal prepared by the Committee for the modification of the Brazilian Arbitration Law was finally revealed and approved with some adjustments…
The Brazilian Superior Court of Justice ("STJ") has issued, on 19 June 2013, a landmark decision addressing the principle of Kompetenz-Kompetenz (Resp. no. 1,278,852-MG Samarco Mineração S/A v Jerson…
Investing Across Borders, a World Bank Group’s initiative, compares the regulation for foreign direct investment around the world. Among different indicators, it publishes considerations concerning…
The facts
On January 9, 2008, in the middle of the Amazon Rainforest, the dam of a hydroelectric power plant ruptured liberating 3.1 billion liters of water and precipitating an environmental mishap…
