Marina Gabriela Santos Fusinato
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.
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 […]
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 […]
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 […]
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, […]
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 […]
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 […]