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 S.A. (“Libra”), two concessionaires of cargo terminals T-35 and T-37 at the Port of Santos, the busiest in Brazil, and, on the other hand, CODESP (the state-owned operator the port of Santos) and the Federal Union, on the lease of such terminals. Libra was sentenced to pay at least R$2,8 Billion…
On May 9, 2018, Justice Nancy Andrighi of the Superior Court of Justice – STJ, the highest Brazilian…
The city of São Paulo enacted on February 23, 2018 Law 16.873, which regulates the use of dispute…
The State of Rio de Janeiro has issued Decree no.. 46,245/2018, regulating arbitrations involving state entities, especially for concession and construction agreements. For other contracts, the arbitration clause may only be included if it involves at least R$ 20 Million (approximately USD $6M). According to such decree, the State of Rio de Janeiro can only enter into arbitration clauses providing for institutional arbitration. The arbitral institution shall (i) have at least 5 years of experience,…
On June 21, 2017, the Court of Appeals of São Paulo confirmed the validity of an arbitration clause…
The Brazilian Oil and Gas Agency (“ANP”) has recently published the draft agreements for exploration and production of…
Law 13.448 was published today in Brazil, to regulate the possibility of extending or submitting to new bid certain current concessions of railways, highways and airports. This is an important step for the new Brazilian privatization program, as the Federal Government wishes to terminate and submit to a new bid certain concessions in which the concessionaire are supposedly in default, as well as to extend the term of other concessions in exchange of further investments.…
On April 26 the Brazilian House of Representatives has approved a reform of the Brazilian Labor Code (“Consolidação…
On April 19, the special chamber of the Brazilian Superior Court of Justice denied recognition of an arbitral…
Last February 9, the Second Section of the Brazilian Superior Court of Justice (STJ), the highest court for non-constitutional matters, has suspended an execution lawsuit (ação de execução) based on a contract due to the existence of an arbitration discussing such contract[1]. The construction company filed before the 1st Civil Court of the city of Belém an execution lawsuit (execução de título extrajudicial), which is a fast track judicial procedure for enforcement of outstanding liquidated…