Arbitration
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 […]
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 […]
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