Category: Articles
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 […]
One company, one master
By protecting a company, as required by law, an officer will end up harming the other company.
Dividends versus Interests on Net Equity: origin and tax regime
Shareholders often ask about the differences between dividends and interests on net equity (“JCP”), mainly with respect to their respective concepts and payment causes.
Commingling of assets justifies inverse piercing of corporate veil
The discussion on the applicability or not of inverse piercing of corporate veil is based on the systematic construction of Article 50 of the Brazilian Civil Code.
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