On May 9, 2018, Justice Nancy Andrighi of the Superior Court of Justice – STJ, the highest Brazilian court for non-constitutional matters, issued an injunction reaffirming the principle of competence-competence under articles 8, sole paragraph and 20 of Brazilian Arbitration Act, according to which the arbitration panel is the only body competent to judge the competence of the arbitral venue, if an arbitral proceeding is pending. In her decision, Justice Andrighi revoked an anti-arbitration injunction…
Investment treaty arbitrations may be brought under the rules of many different arbitration institutions. As can be expected,…
“Creeping Americanization of international arbitration: is it the right time to develop inquisitorial rules of evidence?”[1] A session…
The London Court of International Arbitration (the “LCIA”) has recently published its Casework Report for 2017 which contains statistics on its performance last year.[1] The report makes for an interesting comparison with the 2016 report.[2] This article examines the LCIA’s 2017 figures, making comparisons also with those of the International Chamber of Commerce (the “ICC”),[3] where appropriate. Caseload The LCIA received 303 referrals in 2016, 253 of which fell under the LCIA rules (LCIA acting…
In many M&A transactions litigators become involved only after a dispute has arisen. However, a litigator’s experience in…
Reforms to the Amparo Law[1] that took place during 2013 made it possible to bring a constitutional challenge…
The city of São Paulo enacted on February 23, 2018 Law 16.873, which regulates the use of dispute boards in its contracts, to foster the adoption of this dispute mechanism in the contracts with the municipality and their controlled entities. The parties will have freedom to choose among a dispute review board (to issue non-binding recommendations), a dispute adjudication board (to issue contractually binding decisions, that may be later discussed in court) or a combined…
The State of Rio de Janeiro has issued Decree no.. 46,245/2018, regulating arbitrations involving state entities, especially for…
This table can provide a general overview only. The rules listed may not be applicable in all circumstances.…
We are pleased to announce that the eleventh edition of The Baker McKenzie International Arbitration Yearbook is now available. Leading lawyers of the Firm’s International Arbitration Practice Group report on recent developments in national laws relating to arbitration and address current arbitral trends in the jurisdictions in which they practice. As usual, Section A of each country chapter outlines changes to institutional rules as well as legislative changes affecting arbitration. Section B summarizes important new case law,…