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…
On June 2, 2015, the Brazilian Senate approved on a statute on judicial and extrajudicial Mediation (“Mediation Act”). The text in Portuguese is available here. The purpose of the Mediation Act is to regulate and foster a practice that for years has been used in several fields. The wording is in line with the new legislative culture focused on consensual dispute resolution between the parties, adopted especially by the New Brazilian Code of Civil Procedure (“NCPC”).…
The President of the Republic in office, Michel Temer, approved the Law 13.129/2015 on 26.05.2015, amending the Brazilian…
A conference organized by three institutions, namely the Arbitration and Mediation of the American Chamber of Commerce in…
The Brazilian Senate approved amendments to the Brazilian Arbitration Act (Law 9.307 of 1996) with new provisions in support of arbitration. The text (in Portuguese) is available here. The bill is still to be sanctioned by the President, officially promulgated, after which it undergo a 60-day period of vacatio legis before coming into force. The amendments reinforce the pro-arbitration stance adopted by the Brazilian legal system. The new regulation consolidates many advancements stirred by case law, such as…
On 30 March 2015, Brazil and Mozambique entered into a treaty, which they call the Agreement for Cooperation…
As of April 1, 2014, the United Nations Convention for the International Sale of Goods came into force…
The bill for a New Code of Civil Procedure (NCPC) was approved by the Brazilian Senate on 16 December 2014. It should come into force by early 2016. The goal behind the NCPC is to further expedite lawsuits. Therefore, the bill abolishes the dichotomy between ordinary and summary procedures, expediting both modalities further than the current configuration of Brazilian civil procedure, and strengthens the role played by small claims courts. The NCPC does away with…