A. LEGISLATION AND RULES A.1 Arbitration in numbers in Brazil In 2024, Selma Ferreira Lemes, a famous arbitrator in Brazil, conducted a research study in 2024 considering data on arbitration proceedings for 2022 and 2023 from the largest arbitration institutions with a presence in Brazil. This study concluded that there was a slight decrease in the number of cases between 2022 to 2023 (a 5.36% reduction) and a significant drop in the average value of…
A. LEGISLATION AND RULES A.1 CAM-CCBC enacts new rules on corporate arbitrations CAM-CCBC, which is the largest Brazilian…
In the recent “Sanessol” case[1], the Brazilian Superior Court of Justice (highest court for non-constitutional matters) has decided…
On 24 May 2023, the São Paulo State Court of Appeal set an arbitral award aside for considering that a co-arbitrator failed to vote in the decision of one of the claims and thereby violated the parties’ fundamental right to access to justice.[1] Factual Background Claimants and Respondents entered into three contracts for, among others, the purchase and sale of spaces for the broadcast of Claimants’ advertising media on Respondents’ radio and TV. The Claimants…
CAM-CCBC, which is the largest Brazilian arbitral institution, has issued on April 26, 2023 specific rules on “corporate…
The Brazilian Procedural law has for long provided a procedural tool for a potential plaintiff to obtain evidence…
The purchase and sale of electric power within the Brazilian system is effected through a chamber named “Câmara de Comercialização de Energia Elétrica – CCEE” (Electric Power Commercialization Chamber), which has a “convention for commercialization of electric power” (the “Convention”) setting forth some mandatory terms and conditions for power purchase agreements (“PPA’s”). The Convention includes an arbitration provision. For many years, disputes before the CCEE should have been resolved via arbitration before the FGV Arbitration…
A. LEGISLATION AND RULES A.1 Legislation International arbitration in Brazil continues to be governed by the Brazilian Arbitration…
The Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada (“CAM-CCBC”), which is the largest Brazilian…
The Superior Court of Justice (“STJ”), which is the highest court in Brazil for non-constitutional matters, has recently decided that a party under bankruptcy cannot submit a dispute under a contract subject to arbitration clause directly to the judicial courts, so that the issue on whether the bankruptcy adversely affects the validity and enforceability of the arbitration clause shall be first resolved in arbitration. Special Appeal 1.959.435, which was judged on August 30, 2022, analyzed…