Arbitration News from Brazil

COVID-19 pandemic increases force majeure and hardship claims in Brazil

The COVID-19 pandemic increases claims aiming at avoiding or reviewing contractual obligations based on arguments of force majeure and/or hardship. Giuliana Schunk and Joaquim...

How Brazilian arbitral institutions are reacting to the COVID-19 pandemic

The COVID-19 crisis required the Brazilian people to adapt their routine to contain the spread of the virus. The arbitration institutions could not act...

City of São Paulo enacts a law to foster arbitration and mediation

On March 19, 2020, the City of São Paulo enacted Law 17.324/2020, to foster out of court resolution of disputes. The purpose is to...

Baker McKenzie International Arbitration Yearbook 2019-2020 – Brazil

BRAZIL Joaquim de Paiva Muniz, Luis Henrique Borghi, Bruna Silveira, Katherina Kuramoti Ballesta, Maria Clara Barros Mota, Frederico Bizarro Weingartner. A. LEGISLATION AND RULES A.1      Legislation The main...

Brazil Enacts Decree Regulating Arbitrations Involving the Federal Union

On September 20, 2019, Decree 10,025/2019 was enacted, to regulate arbitration with the Federal Union, federal administration entities and concessionaires of federal public services. The...

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...

 Baker McKenzie’s Arbitration Yearbook 2018-2019 Edition  

Click here for the chapter on Brazil in the 2018-2019 Arbitration Yearbook.


Baker McKenzie’s Arbitration Yearbook 2017-2018 Edition

Click here for the chapter on Brazil in the 2017-2018 Arbitration Yearbook.