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 (āConsolidaĆ§Ć£o…
On April 19, the special chamber of the Brazilian Superior Court of Justice denied recognition of an arbitral…
Baker McKenzie has released the 10th anniversary edition of its annual International Arbitration Yearbook, an in-depth report reviewing significant developments in international arbitration over the past 10 years across 47 jurisdictions. Section A of each country chapter gives an overview of legislative changes affecting arbitration over the past decade, and also covers relevant arbitral institutions and the development of their rules. Section B summarizes important court decisions over the period, covering those that are noteworthy…
A U.S. District Court rejected Argentinaās attempt to vacate a USD 21 million international arbitration award in a…
Last February 9, the Second Section of the Brazilian Superior Court of Justice (STJ), the highest court for…
On March 1, 2017, the new Arbitration Rules of the International Chamber of Commerce (āICC-Rulesā) come into force. In Art. 30 and Annex VI, they contain specific provisions for an Expedited Procedure (āFast-Track Arbitrationā). The characteristic features of the new Expedited Procedure are that a sole arbitrator with extended powers shall render an arbitral award within six months after a limited establishment of the facts and optionally without a hearing. Expedited Procedures by which disputes…
With the ascension of the Trump administration, there is a question whether the investor-state dispute settlement (āISDSā) provisions…
Investment treaty arbitrations may be brought under the rules of many different arbitration institutions. As can be expected,…
Post-M&A arbitration has long followed an established pattern: In the course of the transaction the buyer assesses the characteristics of the target company by way of a due diligence review and based thereon determines what the buyer considers to be an adequate value of the target company. To ensure that the target company shows the expected characteristics when the buyer takes over the company from the seller, the buyer and the seller describe in their…