Document production, at least to some extent, is an integral part of most international arbitration proceedings. This is true even if the substantive law governing the dispute follows the civil law tradition. In that case, however, the provisions in the substantive law build upon the premise that there is no document production. Does this lead to a conflict between substantive and procedural law in international arbitration? It can be very difficult for a claimant to…
On 18 March 2016, the new Brazilian Code of Civil Procedure entered into force. The main goal of…
We are pleased to announce that the new edition of The Baker & McKenzie International Arbitration Yearbook is now available.…
On 18 June 2015 the European Commission issued a press release stating that they had “initiated proceedings against five Member States today requesting them to terminate intra-EU bilateral investment treaties between them”, and were launching a campaign to wipe out the broader intra-EU BIT regime. Lord Jonathan Hill, European Commissioner for Financial Services, said that intra-EU BITs are “outdated and… no longer necessary”. The Member States targeted by the Commission are: Austria, the Netherlands, Romania,…
In an April 2015 decision, Asignacion v. Rickmers Genoa Schiffahrtsgesellschaft MBH & CIE KG, 783 F.3d 1010 (5th…
In 2015, the body supervising the Brazilian Judiciary (Corregedoria Nacional de Justiça, or CNJ) included among its yearly…
On June 8, 2015, the Brazilian President issued Decree No 8,465 of 2015 (the “Decree”), which lays down the procedural criteria according to which government and private parties may submit to arbitration disputes arising in the framework of the port and dock sector. Many statutes in Brazil allow arbitration in regulated industries, such as the Hydrocarbons law (Law 9,748 of 1997), the Public-Private Partnership Act (Law 11,079 of 2004), the Act on the Free Market of Electricity (Law 10,848 of…
The entry into force – on 26 December 2015 and on 17 March 2016 – of two innovative…
The Brazilian Federal Lawyers’ Bar (Conselho Federal da Ordem dos Advogados do Brasil) has approved on June 14 a…
The President of the Republic in office, Michel Temer, approved the Law 13.129/2015 on 26.05.2015, amending the Brazilian Arbitration Act (Law N. 9307/1996). The final text is available here. The amendments brought reinforce the cultivated pro-arbitration environment in the Brazilian legal system with specific changes, seeking only to clarify controversial issues and dealing with matters not previously regulated, namely: Arbitration and Governmental entities: it confirms that Governmental entities may submit patrimonial issues to arbitration, regarding matters that…