The reach of confidentiality

Confidentiality, one of the most esteemed advantages of arbitration, is undeniably a legitimate expectation of the ones who use said mechanism to solve conflicts. Moreover, it is a key element in the execution of the arbitration clause. It is important to stress that as a rule, confidentiality comprises the entire procedure, the very own existence […]

Guarantee of confidentiality

When choosing alternative means to settle conflicts and thus avoiding the Judiciary, the companies may still discuss corporate secrets with the necessary confidentiality and, at the same time, preserve their image from unfavorable effects usually seen in litigation. However, it is important to emphasize that even though confidentiality is considered a natural consequence of arbitration, […]

Tax aspects on arbitration funding

In order to continue the analysis brought by our article from June 3rd with respect to third-party funding (TPF), hereby we discuss the tax aspects involved in this model, which allows for the litigating party to be funded by a specialized investment fund, responsible for the financial support. As seen, basically TPF may occur by […]

Arbitration in Tax Matters

Tax arbitration is already internationally accepted in the agreements against double taxation – cases of the MPA (mutual agreement procedure), BEPS Action 14 and APA (advanced pricing agreement) – and also in some countries’ internal law – such as Portugal. In the Brazilian law, after overcoming the fallacy that arbitration would violate the principle of […]

In the age of the internet, disputes can be settled on-line

The development of new technologies has been influencing not only global economy, but also the way people establish legal relations. Each day, the internet enhances its influence as a channel for several deals to be closed between parties from different locations. In these cases, the actual presence in person of the signatory parties is no […]

Third-party funding is a feasible option

As demonstrated in the latest articles published on this section, prior to electing an arbitration chamber, it is necessary to analyze the interests of the parties involved, in addition to reflecting upon several matters that may interfere in the development of the arbitration. Among them, there is the high cost of the arbitration procedure, which […]

How to compare costs in order to make the best choice

The high costs possibly involved in an arbitration procedure may be an obstacle when the parties discuss the inclusion of an arbitration clause in the agreement. A research by the Brazilian Arbitration Committee has tried to find out if several users identify the existence of disadvantages in this dispute resolution method when compared to the […]

The advantages of choosing the proper arbitration chamber

The arbitration procedure is highly flexible and allows the parties to chose many procedural rules and determine specific deadline to each case. For this reason, the good development of the arbitral procedure depends on the choice of the applicable regulation, among other factors. By opting for an institutional arbitration, the parties decide to count on […]

For the sake of arbitration, the respective clause must be simple and complete

Agility, confidentiality, specialization, adaptability and internationality: these characteristics are frequently found in arbitration procedures, and they help to explain why this dispute resolution method has become so popular. However, the full use of these advantages depends on the choices made by the parties throughout the arbitration procedure, starting from the arbitration clause provided in the […]

How to settle matters out-of-court

Over the last few years, the methods for resolving conflicts and disputes out-of-court, especially arbitration, have been gaining credibility and importance with commercial and corporate relationships. It is true that the modern concept of jurisdiction is not compatible with the idea of state monopoly; in this context, the so-called alternative dispute resolution – conciliation, mediation […]