Author: CTP Advogados
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 […]
Pre-litigation action as means to prevent disputes in times of crisis
With the lingering economic crisis – pushed by the political crisis, in a certain way -, the business class is dealing with the disruption of the invisible hand of the market, which worries the economists and instigates the jurists to find solutions in order to fulfill the principle of preservation of legal acts, in spite […]
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 […]
Costa e Tavares Paes Advogados is outlined in the Chambers Global 2017
CTP – Costa e Tavares Paes Advogados was once again recognized as one of the top law firms according to the Chambers Global 2017, one of the most relevant international guides in the legal area. The partners Vamilson Costa and Richard Edward Dotoli were recommended due to important works performed in the areas of litigation […]
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 […]
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