ICLG – International Arbitration: a practical cross-border insight into internatio…

1. Arbitration Agreements 1.1 What, if any, are the legal requirements of an arbitration agreement under the laws of your jurisdiction? The Brazilian Arbitration Law (Federal Law No. 9.307/1996 – “BAL”) distinguishes two different types of arbitration agreement depending on whether the dispute has already arisen or not: the submission agreement and the arbitration clause. […]

Role of Technology in 2018 and the First Brazilian “Unicorn”

A report published by KPMG indicated that internet and information technology were the leading economic sectors of M&A transactions by volume in 2017, representing approximately 23% of all the M&A transactions in Brazil. Internet companies were targets in 104 transactions, while entities belonging to the IT industry were parties to 88 deals in 2017. Those sectors surpassed traditional industries in Brazil such as food, beverage and oil & gas.

Dispute resolution framework

I INTRODUCTION TO DISPUTE RESOLUTION FRAMEWORK In Brazil, the inspiration from Europe and the prestige of the 19th century’s constitutionalist theories have developed into the codification of law, providing for general principles and rules. The Brazilian legal system follows the tradition of civil law, and has also been impacted by a common law influence, with […]

Arbitration in civil construction

Data released from the biggest arbitration chambers show that civil construction and infrastructure are among the main themes discussed in arbitration procedures. In the Business Arbitration Chamber – Brazil (Camarb), for instance, at least 40% of the demands it manages are related to civil construction and energy.

Family law: arbitration can have an important role in succession and family matters

Brazilian laws – specifically article 852 of the Civil Code – do not accept the arbitration clause as means to solve conflicts when personal matters of family law which are not exclusively related to wealth are involved. However, this limitation itself can no longer completely exclude arbitration, which continues to expand in all areas of […]

Judicialization of arbitration

Even with the arbitration clause, the parties may seek the Judiciary in specific circumstances. The choice of the arbitration institute as means to solve controversies has increased over the last few years and it is currently used in various areas – from civil construction to services related to technology of information – and by various […]

Choices that make the difference

The success in arbitration and the better enjoyment of the advantages arbitration may offer are directly related to the strategies and procedural choices made by the parties of an agreement and/or litigation. The first step essential to succeed in an arbitration procedure is certainly the negotiation of the arbitration clause (for further details, please refer […]

Labor litigation

On the next November 11th, the provisions brought by Law No. 13467/17 shall become effective. Commonly known as “Labor Reform Law”, it has made some important changes to the Consolidation of Labor Laws (CLT), and one of its major innovations is the possibility of inclusion of arbitration clause in employment agreements upon acceptance of both […]

Arbitration involving the Public Administration

Peculiarities that deserve attention During a long time, obstacles to the use arbitration by the Public Administration have been created, under the argument that there would be conflicts between public interest and the private solution of controversies. However, the search for a fast solution of high quality to the litigations involving the Public Administration inevitably […]

Corporate conflicts

Arbitration is able to solve the various situations relating to the particularities involved in the corporate conflicts in a quicker, more discrete and efficient manner than the Judiciary – considering the probable expertise of the arbitrations in the matters discussed. This is why the amount of corporate incorporation documents and derived agreements that provide arbitration […]