Category: Articles
The COVID-19 and the judiciary
Since the World Health Organization (“WHO”) called the COVID-19 outbreak pandemic, Brazilian authorities started to take actions aiming at lessening the proliferation of the virus. However, as the numbers of infected cases rise in Brazil, further, more stringent measures were adopted, essentially to increase social distancing. The Judiciary responded quickly, especially because courts in Brazil […]
Initial impacts of COVID-19 in judicial reorganization proceedings
As it happens throughout the world, Brazil faces an unprecedented crisis. The COVID-19 pandemic is the most pressing topic in the entire world, as it profoundly affects the global economy, reverberating in almost all industries. The impact of the COVID-19 crisis in the companies undergoing judicial reorganization is undeniable. For no other reason, it has […]
Private-law contracts
Contracts signed between private parties have been seriously affected by the COVID-19 pandemic, especially since the Federal Government, the State, and the City of São Paulo enacted Executive Orders to implement severe health measures. The newly named “Corona Crisis” interferes strongly in an array of contracts, such as Supply, Real Estate, Construction, and Services, generating […]
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 […]
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