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On December 23, 2016 the Brazilian Senate approved a bill for a new law to regulate public bidding procedure (the “Bill”). In Brazil contracts with state entities in principle shall be subject to such public bidding procedures, which include invitation for qualified interested parties to participate in the bid, as well as publication of draft agreements for the bidders’ comments before the bid. The Public Bids Bill expressly authorizes arbitration on contracts involving state-owned entities,…

Interview with Ronaldo Cramer, vice-president of the Rio de Janeiro branch of the Brazilian Bar Association, offered to Rodrigo Moreira and Lucas Mendes, members of the Arbitration Commission of the Rio de Janeiro branch of the Brazilian Bar Association. Mr. Cramer is a partner at Nunes Ferreira, Vianna Araújo, Cramer, Duarte Advogados and played an important role in the enactment of the new Civil Procedure Code, which, he posits, was much influenced by the arbitration culture. COMMISSION:…

On 18 March 2016, the new Brazilian Code of Civil Procedure entered into force. The main goal of the new code is to reduce the number of judicial lawsuits, which to date exceeds 105 million cases, by fostering mediation and enhancing the binding effects of court precedents. Even if the new Code of Civil Procedure does not regulate arbitration, which is governed by a specific legislation recently reformed, it has several provisions that support arbitral…

In 2015, the body supervising the Brazilian Judiciary (Corregedoria Nacional de Justiça, or CNJ) included among its yearly objectives the specialization of two first instance courts in each state capital on matters ancillary to arbitration, a project that is now well underway. The goal set forth by the CNJ specifically calls upon each state’s jurisdiction to “attribute the competence of examining and judging disputes relating to the Arbitration Act to two of the civil sections…