In October 2023, the Law 14,711/2023 was sanctioned, aimed to establish new rules on foreclosures, seizures, mortgages, and transfers of properties to settle debts, by amending certain sections of Law 8,935/1994 (which regulates notary and registration services). Some argue that the inclusion of a legal provision authorizing public notaries to act as arbitrators had two objectives: to eliminate doubts regarding the possibility of them acting as arbitrators, and to popularize and democratize arbitration. However, not only might the objective of popularizing arbitration not be achieved with this ..read more

On 7 March 2024, the National Branch (“ICC Brasil”) and the ICC Court of Arbitration (“ICC Court”) held the 12th ICC Brazilian Arbitration Day (“ICC BAD” or “Conference”) in São Paulo. Since its inception in 2015, the ICC BAD has enjoyed consistent success, and in 2024 arbitration practicing lawyers and clients had further reasons to celebrate: the 10th anniversary of ICC Brasil. The 12th ICC BAD featured the first woman President of the ICC Court, Ms. Claudia Salomon (President, ICC Court), in a fireside chat with Mr. Eduardo Damião Gonçalves (Partner, Mattos Filho Advogados; Vice-President ..read more

On 22 November 2023, the Brazilian Arbitration Committee (“CBAr”) and the Brazilian Association of Jurimetrics (“ABJ”) officially launched the final report on the Arbitration Observatory project (“Report”), in an in-person event at the Attorney’s Association of São Paulo that attracted many law students, lawyers, and arbitrators (see here for further details). The Report aims at producing empirical research of the judicial decisions involving arbitration issued by the State Court of São Paulo (“TJSP”), based on statistical and inferential methods, to foster and democratize the access to arbitr ..read more

Bill no. 2.925/2023 (“Bill”) is intended to amend federal law no. 6.385/1976 (regulating the Brazilian stock market and that created the Comissão de Valores Mobiliários, the Brazilian Securities and Exchange Commission – “CVM”) and law no. 6.404/1976 (regulating joint-stock companies/business corporations). The goal is to ensure transparency in class arbitration proceedings involving stock market investors, corporations, officers, and major stakeholders (“Securities Disputes”), seeking to further protect the investors’ interests. The Bill was being discussed earlier this year by the Brazilian ..read more

The uncertainties faced by investors and stakeholders in 2023 was intensified by the notable shift in Latin America’s political regimes. The emergence of left-wing electoral victories echoed the political landscape of the 2000s, marked by ambiguity, volatility, and political risk. In the realm of arbitration, several jurisdictions have undergone significant developments. Mexico and Chilean arbitration centers adopted new arbitration rules, Brazil remained a focal point for controversial legislative changes, and the Caribbean experienced growth in its arbitration practice. Bolivia, Chile, Colom ..read more

On 16 and 17 October 2023, the Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada held its Xth Arbitration Congress edition (“X CAM-CCBC Congress” or “Congress”) in São Paulo. The Congress is the opening event of the VIth Sao Paulo Arbitration Week (“VI SPAW”): a collaborative calendar for law firms, universities, associations, and institutions to organize and promote ADR events in Sao Paulo. The X CAM-CCBC Congress represented the launch of a new era in CAM-CCBC’s leadership. The presidency role will no longer be composed by one person only, but rather a collegiate ..read more

As the most prestigious arbitral institution in the world, the ICC International Court of Arbitration celebrated its 100th anniversary in 2023. The Third ICC Arbitration Conference for the Northeast of Brazil (“ICC Conference”), convened by the International Chamber of Commerce Court and the National Committee of Brazil, took place on 4 October 2023, to commemorate this historic event. A broad audience of attorneys, in-house counsel, arbitrators, experts, and students packed the auditorium for the ICC Conference in Salvador. The ICC Conference’s program, which included one interview, four pane ..read more

“Corporations have their own global private court system – called ISDS – which they use to bully governments. But many victims of corporate human rights abuses don’t have any way of winning justice. This is unfair. We need to end these corporate courts now! Rights for people, rules for corporations.”  Letter from the Stop ISDS movement to the President of the European Union Council (2019)   Arbitration lawyers are proud of their profession. Foundational works like ‘dealing in virtue’ and ‘arbitrating for peace’ show just how much they see themselves as a force for good, easing global ..read more

On Friday 8 September 2023, the ICC International Court of Arbitration (‘ICC Court’) hosted a panel on the interaction between arbitration and national courts titled “Arbitration and National Courts – Convergence or Divergence?” at its headquarters in Paris. The event, organized by Pedro Arcoverde (then-ICC Court Managing Counsel and Lecturer at SciencesPo), as part of the 6th Brazilian Arbitration Forum, was moderated by Luiza Saldanha (Associate, Freshfields Bruckhaus Deringer, Paris) and featured participation from Esperanza Barron Baratech (Associate, Latham & Watkins, Paris), Jose Man ..read more

On 16 June 2023, the Brazilian Superior Court of Justice (“STJ”) resolved the Appeal in Special Appeal n. 1,905,505/SP (“Appeal”), reported by Justice Francisco Falcão. The decision was appealed, so that the case will still be judged by the STJ’s second chamber. Nonetheless, the decision is a relevant development concerning arbitration with public entities in Brazil, which has been a hot topic of domestic arbitration in the country for decades. The STJ decision ruled not only on the possibility – and necessity – of a regulatory agency participating in arbitration proceedings between a concessi ..read more