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You are here: Home / Archives for Brazil Arbitration

Arbitration in Brazil

01/05/2020 by International Arbitration

Arbitration-Brazil

Arbitration in Brazil is governed by Federal Act No. 9.307/1996, amended by the Act No. 13.129/2015 (the “Brazilian Arbitration Act” or “BAA”). Brazil was long seen as the “black sheep” of international arbitration until the ratification of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”) in 2002 and […]

Filed Under: Brazil Arbitration

Brazil and the Cooperation and Facilitation Investment Agreement (CFIA): A Step Backwards for Arbitration?

13/01/2018 by International Arbitration

Brazil investment Arbitration

In 2015, as a result of the increase of Brazilian investment overseas, the Brazilian government, in consultation with private entities, elaborated so-called Cooperation and Facilitation Investment Agreements (“CFIA”s – or “ACFI” in its Portuguese acronym). The CFIA’s aim was to facilitate and stimulate reciprocal investments between States, especially in strategic sectors, much like the Bilateral […]

Filed Under: Arbitration Information, Brazil Arbitration

Arbitration Proceedings without an Arbitration Clause

30/11/2017 by International Arbitration

Arbitration Proceedings without an Arbitration Clause

Introduction Many fail to realise that arbitration proceedings are entirely possible in the absence of an arbitration clause in an underlying contract. The ability to launch arbitration proceedings depends exclusively on the parties’ will since this dispute resolution method is purely consensual. The required will (or consent to arbitration) is often, but not always, encompassed […]

Filed Under: Arbitration Agreement, Arbitration Information, Arbitration Procedure, Brazil Arbitration

Arbitration in Brazil

28/06/2017 by International Arbitration

Arbitration in Brazil

Arbitration in Brazil has developed significantly over recent decades. The latest ICC statistical report for the year 2016 shows an increasing number of Brazilian parties using arbitration, with 123 Brazilian parties compared to 112 in 2014, placing Brazil in 3rd place in party-rankings worldwide. Brazil is today described as having a pro-arbitration legal regime and […]

Filed Under: Annulment of Arbitration Award, Arbitration Agreement, Arbitration Information, Brazil Arbitration, Investor State Dispute Settlement

ARBITRATION AND RICO CLAIMS: FINAL AWARD IN ICC CASE N. 6320 (1992)

04/06/2017 by International Arbitration

This ICC arbitration concerns arbitration and RICO claims, arising in the context of a plant built in Brazil. By way of background, a Contract was entered into in 1972. The Contract was governed by Brazilian law and the seat of arbitration was agreed to be Paris. The parties, Furnas, a Brazilian company (Claimant) and a […]

Filed Under: Arbitration Award, Arbitration Information, Arbitration Jurisdiction, Arbitration Procedure, Arbitration Rules, Brazil Arbitration, Court of Arbitration, ICC Arbitration

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