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 […]

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 […]