On the final day of the CBAr 22nd International Arbitration Conference, the main theme discussed was party autonomy in business contracts, especially amidst scenarios of instability. At a first…
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…
It is undisputed that arbitration depends on the trust placed by the parties in the arbitrators. The Brazilian Arbitration Act (the “BAA”) reaffirms this principle when it provides that an individual…
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…
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…
On June 10, 2022, the Superior Court of Justice in Brazil ("STJ") ruled on the conflict of competence No. 185.702/DF (“CC 185.702/DF”) under the premise that arbitration has a jurisdictional nature…
Despite being a relatively young market at just over 20 years old, Brazilian arbitration has experienced rapid growth. As of 2020, Brazil ranked second in the number of arbitrations filed with the…
As most arbitration laws, the Brazilian Arbitration Act (Law n. 9307/1996; “BAL”) establishes a short deadline for any interested party to seek annulment of an arbitral award in court. The interested…
