Arbitration News from Brazil

New Brazilian Law authorizes mediation and arbitration to discuss indemnification due to expropriation

On August 27, 2019, Law No. 13.86/19 was published, amending Decree-law No. 3.365/41 (the Brazilian statute on expropriation) to authorize the definition of amount...

São Paulo regulates arbitration with state entities

The State of São Paulo has issued on July 31, 2019 Decree 64,356, which regulates arbitration with such State and the entities it controls. Institutional...

Brazilian Transport Agency Regulates Arbitration with Privates Parties

On May 17, 2018, the Federal Terrestrial Transport Agency of Brazil (ANTT) enacted Resolution 5,845/2019, whereby it detailed the procedure for mediations and arbitrations...

Brazil enacts “Economic Freedom” Act

On April 30, 2019 the Brazilian Federal government has enacted Provisional Measure 881 (“MP 881”), with the intention of boosting economic freedom and reducing...

Brazil Federal Union and CODESP win Libra arbitration on the Brazilian Port of Santos 

On January 7, 2019, it became public the award of the arbitral proceeding between, on one hand, Libra Terminais S.A. and Libra Terminais Santos...

Brazilian Superior Court of Justice Reaffirms the Principle of Competence-Competence

On May 9, 2018, Justice Nancy Andrighi of the Superior Court of Justice - STJ, the highest Brazilian court for non-constitutional matters, issued an...

City of São Paulo regulates Dispute Board in administrative agreements

The city of São Paulo enacted on February 23, 2018 Law 16.873, which regulates the use of dispute boards in its contracts, to foster...

State of Rio de Janeiro regulates arbitrations with state entities

The State of Rio de Janeiro has issued Decree no.. 46,245/2018, regulating arbitrations involving state entities, especially for concession and construction agreements. For other...

Brazilian Court of Appeals confirms the validity of arbitration in international sales representation agreement

On June 21, 2017, the Court of Appeals of São Paulo confirmed the validity of an arbitration clause set forth in an international sales...

New Arbitration Clauses of Brazilian Oil and Gas Agreements Made Public

The Brazilian Oil and Gas Agency ("ANP") has recently published the draft agreements for exploration and production of oil and gas in Brazil, which...

 Baker McKenzie’s Arbitration Yearbook 10th Anniversary Edition 2016-2017 

Click here for the chapter on Brazil in the 2016-2017 Arbitration Yearbook.

 

Baker McKenzie’s Arbitration Yearbook 2015-2016 Edition

Click here for the chapter on Brazil in the 2015-2016 Arbitration Yearbook.