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Legal framework

National arbitration laws What legislation applies to arbitration in your jurisdiction? The Arbitration Act (Law 9,307/96, amended by the Law 13,129/2015).

Mandatory laws Are there any mandatory laws? In addition to the Arbitration Act, all arbitrations taking place in Brazil should abide by the Federal Constitution. Thus, arbitration proceedings in Brazil are subject, for example, to the mandatory principle of due process of law, which is established in the Federal Constitution for all types of proceedings.

New York Convention Is your country a signatory to the New York Convention? If so, what is the date of entry into force? Brazil acceded to the New York Convention on June 7 2002. The convention entered into force for Brazil on July 23 2002 after the enactment of the Decree-Law 4,311.

Are there any reservations to the general obligations of the convention? No.

Treaties and conventions What other treaties and conventions in relation to arbitration is your jurisdiction party to? Brazil is a party to several international treaties on international commercial arbitration, including:

  • the Inter-American Convention on International Commercial Arbitration, ratified in 1995;
  • the Inter-American Convention on Extraterritorial Validity of Foreign Judgments and Arbitral Awards (1979), ratified in 1995;
  • the Geneva Protocol on arbitration clauses (1923), ratified in 1932 with a reservation that limits its application to contracts which are considered commercial under Brazilian law;
  • the Protocol on Jurisdiction Assistance in Civil, Commercial, Labour and Administrative Matters (1992), ratified in 1996; and
  • the MERCOSUR Agreement on International Commercial Arbitration (1998), ratified in 2003.

Brazil is not a party to any bilateral investment treaties and has not signed the Washington Convention establishing the International Centre for the Settlement of Investment Disputes.

UNCITRAL Has your jurisdiction adopted the UNCITRAL Model Law? Brazil has not adopted the UNCITRAL Model Law, but the Arbitration Act reflects some of its features. For example, important principles such as competence-competence and the separability of the arbitration agreement are enshrined in Brazilian law. In addition, the grounds for refusal to recognise or enforce a foreign award established in Articles 38 and 39 of the Arbitration Act are practically identical to those in Article 36 of the UNCITRAL Model Law.

Reform Are there any impending plans to reform the arbitration laws in your jurisdiction? On May 27 2015 Brazil amended its Arbitration Act through the Law 13,129/2015, which entered into force on July 26 2015. Among other things, the law provides clarity as to the subject matter that can be arbitrated in Brazil and further restricts the participation of national courts in arbitral proceedings. For example, the law provides that:

  • patrimonial disputes involving the state or state-owned companies may be subject to arbitration;
  • arbitrators have the power to maintain, modify or even cancel a court decision that was rendered on urgent matters before the tribunal was constituted;
  • an arbitral tribunal may issue an arbitral letter to local courts requesting them to perform or determine the performance of a given act; and
  • arbitrators may render partial awards.

In addition, the law amended the Corporation Law (6,404/1976) to clarify that an arbitration agreement included in the bylaws of a company is binding on all shareholders, while assuring the right of withdrawal of dissenting shareholders.

Arbitration agreements

Validity What are the validity requirements for an arbitration agreement? In order to be valid under Brazilian law, an arbitration agreement must be agreed in writing by parties with legal capacity. In addition, the arbitration agreement must concern disposable patrimonial rights.   

To be complete, the agreement must also specify:

  • the qualification of the parties and the arbitrators (or arbitration institution);
  • the subject matter of the disputes to be arbitrated (which must relate to patrimonial and disposable rights); and
  • the seat of the arbitration. 

If the arbitration agreement does not contain sufficient information for the commencement of proceedings – for example, a reference to the rules of an arbitration institution, when the dispute arises, the party seeking to commence arbitration must resort to the national courts for a proceeding to complete the agreement.

Enforcement of agreements How are arbitration agreements enforced in your jurisdiction? What is the attitude of the national courts towards arbitration agreements? Since the Brazilian Supreme Court declared the constitutionality of arbitration agreements in 2001, they are generally enforced in Brazil, according to the terms of the Arbitration Act. Thus, when a dispute which is subject to an arbitration agreement is submitted to a national court, the court will generally refer the parties to arbitration – even if one party objects to the existence or validity of the arbitration agreement, as the arbitrator is competent to decide on this issue. 

The national courts have consistently demonstrated a favourable attitude towards arbitration agreements by, for example, regularly refusing to grant anti-arbitration injunctions.

Consolidation Can an arbitral tribunal with its seat in your jurisdiction consolidate separate arbitral proceedings under one or more contracts, and, if so, in what circumstances? The Arbitration Act does not regulate the consolidation of proceedings. As a result, whether arbitration proceedings seated in Brazil can be consolidated will depend on the rules of the relevant arbitration institution. For example, proceedings to which the arbitration rules of the International Chamber of Commerce apply may be consolidated under those rules.  

Choice of law How is the substantive law of the dispute determined? Where the substantive law is unclear, how will a tribunal determine what it should be? The Arbitration Act imposes no restrictions on the substantive law that the parties may choose, provided that this choice does not offend Brazilian public policy and moral values. 

Where the parties’ choice of law is unclear, the tribunal will conduct a conflict of laws analysis. Although there is no consensus on which conflict of laws rules should apply in this regard, tribunals seated in Brazil often apply the Brazilian conflict of law rules, which are established by the Introductory Rules to the Brazilian Law (Decree-Law 4,657/42). Article 9 of this law recognises the lex loci contractus rule, which provides that the law of the country in which the contract was executed should apply. Article 9 further provides that if the parties executed the contract in different venues, the law of the claimant’s country of residence will prevail. 

Separability Are there any provisions on the separability of arbitration agreements? Article 8 of the Arbitration Act provides that the arbitration agreement is separable from the underlying contract in which it is contained. Thus, the validity and enforceability of each must be analysed separately.

Multiparty agreements Are multiparty agreements recognised? In light of the 2015 reform, the Arbitration Act now refers to multiparty agreements and implies their recognition. However, the act does not directly address multiparty agreements, which are subject to the same validity requirements as any arbitration agreement.

Arbitral tribunal

Criteria for arbitrators Are there any restrictions? According to the Arbitration Act, arbitrators must have full legal capacity and be impartial and independent. There are no restrictions as to their nationality, qualifications or expertise. Thus, foreigners and non-lawyers may be arbitrators in arbitration proceedings seated in Brazil.

Contractual stipulations What can be stipulated about the tribunal in the agreement? According to the Arbitration Act, the tribunal must comprise an odd number of arbitrators. Other than this requirement, the parties are free to stipulate the rules for the appointment of arbitrators or adopt the rules of any arbitration institution. 

Default requirements Are there any default legal requirements as to the selection of a tribunal - for example, concerning the number of arbitrators or their characteristics? If the parties have not agreed on a method to select the arbitrators or referred to the rules of an arbitration institution, the court that would otherwise be competent to decide the dispute can appoint a sole arbitrator. In addition, where each party appoints an arbitrator, the Arbitration Act provides that those arbitrators should then immediately appoint a third arbitrator. If the arbitrators cannot agree on the appointment, the parties may request the court to appoint the third arbitrator.

Challenging the appointment of an arbitrator Can the appointment of an arbitrator be challenged? Can an arbitrator be disqualified? What is the procedure for this? A party can challenge the appointment of an arbitrator on the grounds of lack of impartiality or independence. If the challenge is accepted, the arbitrator will be replaced. Otherwise, the arbitration will proceed on the merits, but the challenging party may file a motion to set aside the award based on the same grounds.

Jurisdictional objections How should an objection to jurisdiction be raised? An objection to jurisdiction must be raised by a party at the first opportunity upon commencement of the proceedings. If the objection is granted, the parties will revert to the court that would be competent to hear the dispute. If the objection is rejected, the arbitration proceedings will proceed on the merits.

Replacement of an arbitrator Why and how can an arbitrator be replaced?

An arbitrator can be replaced:

  • if a challenge to his appointment is accepted;
  • in case of death; or
  • if the arbitrator becomes unable to perform his functions. 

In such cases the arbitrator will be replaced by an alternative arbitrator agreed by the parties. If the parties have not agreed on an alternative arbitrator or on a mechanism to appoint the replacement, the arbitrator will be replaced according to the rules of the relevant arbitration institution. If there are no applicable provisions in this regard, the parties may request the court to appoint an arbitrator, unless the arbitration agreement expressly precludes the replacement of an arbitrator.

Powers and obligations What powers and obligations do arbitrators have? Arbitrators should act impartially, independently, competently, diligently and discreetly, rendering decisions on the facts and the law. 

Liability of arbitrators Are arbitrators immune from liability? Under the Arbitration Act, arbitrators are expressly subject only to criminal liability (the act provides that in performing their duties, arbitrators are subject to the same criminal law provisions as public officials).  

Although the law is unclear on the issue of civil liability, the lack of provisions in this regard would suggest – and most practitioners advocate – that arbitrators should be immune from civil liability to the same extent as judges acting in a judicial capacity.  

Communicating with the tribunal How do the parties communicate with the tribunal? The Arbitration Act does not regulate communications with the tribunal. Thus, the method of communication between the parties and the tribunal will vary according to the rules of the arbitration institution chosen by the parties.

Reaching decisions Is unanimous agreement of the tribunal required? If there is disagreement, does the will of the majority suffice? What are the implications of this? Decisions must be made by a majority of the tribunal. If no such majority exists, the decision of the president of the tribunal will prevail.  

Arbitrability Are there any disputes incapable of being referred to arbitration? Any patrimonial rights over which parties may negotiate can be subject to arbitration in Brazil. This excludes issues that cannot be contracted away, such as criminal, antitrust, patent and family matters. Any individual or juridical person with full legal capacity may be a party to arbitration, including states and state-owned entities.  

Can the arbitrability of a dispute be challenged? Parties challenging the arbitrability of a dispute should do so at the first opportunity upon commencement of the proceedings. The challenge will be decided by the arbitrator or the tribunal – if rejected, the arbitration will proceed on the merits, but the party may file a motion to set aside the award based on the same grounds.

Jurisdiction and competence-competence Is the principle of competence-competence recognised in your jurisdiction? Can a party to an arbitration ask the courts to determine an issue relating to the tribunal’s jurisdiction and competence? The principle of competence-competence is explicitly recognised in the Arbitration Act and the Brazilian courts have consistently refused to determine issues related to the jurisdiction of a tribunal.

Arbitral proceedings

Starting an arbitration proceeding What is needed to commence arbitration? Subject to the parties’ agreement or the rules of the relevant arbitration institution, the party that wishes to commence arbitration should notify the other party, by any means of communication, of its intent to commence proceedings. If a party refuses to submit a dispute to arbitration, the other party may request the court to order it to sign a term submitting the dispute to arbitration and appoint an arbitrator to decide the dispute, if required. The proceedings are considered to have commenced once the arbitrators have accepted their appointments.  

Limitation periods Are there any limitation periods for the commencement of arbitration? The Arbitration Act prescribes no limitation periods for the commencement of arbitration. However, according to the Code of Civil Procedure, if a pre-arbitration injunction request is filed before a court, a notice of arbitration must be filed within 30 days of the date on which the injunction is granted; otherwise, the court will dismiss the injunction proceedings. 

In addition, the statute of limitations rules apply just as they would in judicial proceedings. 

Procedural rules Are there any procedural rules that arbitrators must follow? The parties are free to agree on the procedural rules applicable to the arbitration or to refer to the rules of an arbitration institution. Generally, arbitration proceedings seated in Brazil are conducted under the procedural rules of an arbitration institution. If no rules have been agreed between the parties, the arbitrators may determine the applicable procedural rules, which must observe the principles of due process and equal treatment of the parties.

Dissenting arbitrators Are dissenting opinions permitted under the law of your jurisdiction? The Arbitration Act expressly allows the arbitrators to issue a separate dissenting opinion.

Judicial assistance Can local courts intervene in proceedings? Local courts can intervene, upon the request of a party, by granting interim measures prior to the constitution of the tribunal. In addition, the arbitral tribunal may issue an arbitral letter to a local court requesting it to perform or determine the performance of a given act.

Can the local courts assist in choosing arbitrators? Local courts can appoint arbitrators if the arbitration agreement neither provides for a method of appointment nor refers to the rules of an arbitration institution. In addition, whenever the parties have chosen an even number of arbitrators and these arbitrators fail to appoint an additional arbitrator jointly, the parties may ask local courts to appoint the additional arbitrator.

What is the applicable law (and prevailing practice) where a respondent fails to participate in an arbitration? Can the courts compel parties to arbitrate? Can they issue subpoenas to third parties? If an arbitration agreement is incomplete and a respondent fails to participate in the arbitration, a party may request the court that would be competent to hear the dispute to order the other party to sign the term of submission to arbitration. Moreover, the Arbitration Act expressly authorises the tribunal to issue an award despite the refusal of a party to participate in the proceedings.

The court can provide evidentiary assistance upon request by the tribunal. For example, if a third party refuses to be a witness in the arbitration, the tribunal may request the court to compel the appearance of the defaulting witness upon demonstrating the existence of an arbitration agreement.  

Third parties In what instances can third parties be bound by an arbitration agreement or award? The Arbitration Act does not regulate the effects of arbitration agreements on third parties and the Brazilian courts have not ruled consistently on whether third parties can be bound by arbitration agreements. In general, Brazilian doctrine indicates that the inclusion of third parties in an arbitration proceeding violates the voluntary nature of arbitration and the principle of party autonomy. 

Nevertheless, some Brazilian courts have extended arbitration agreements to a non-signatory in exceptional circumstances. For example, in Trelleborg v Anel the Sao Paulo Court of Appeals found that the active involvement of a parent company in the negotiations and its interest in the outcome of the proceedings required its participation. In addition, in Chaval v Liebherr the Superior Court of Justice upheld a decision of the Rio de Janeiro Court of Appeals extending the effects of an arbitration agreement to a party to another contract, on the grounds that the contracts were intertwined and should be interpreted as a whole. 

Default language and seat Unless agreed by the parties, what is the default language and location for arbitrations? In general, Brazilian law does not specify a default language or seat of arbitration. If the parties have not agreed on the seat, the court will decide this in a judicial proceeding to complete the arbitration agreement.

The language of the arbitration will be decided by the tribunal. However, arbitrations involving public entities that have entered into general concession agreements or public-private partnerships must be conducted in the Brazilian territory and in the Portuguese language, as established by the Concession Law (Law 8,987/1995) and the Public-Private Partnership Law (Law 11,079/2004). 

Gathering evidence How is evidence obtained by the tribunal? The Arbitration Act allows the tribunal to hear the testimony of parties and witnesses, request expert opinions and gather any “other evidence deemed necessary”, upon the request of a party or on its own initiative. Evidence is obtained at the discretion of the tribunal, but always in accordance with the procedural rules agreed by the parties, if any. For example, the parties may refer to the International Bar Association Rules on the Taking of Evidence in International Commercial Arbitration in the arbitration agreement.   

This notwithstanding, arbitrators and counsel often adopt a civil law approach to the gathering of evidence, meaning that document production is fairly limited and a party needs to seek the permission of the tribunal for each question that it intends to ask a witness when conducting cross-examinations.

What kinds of evidence are acceptable? The tribunal can hear the testimony of parties and witnesses, request expert opinions and gather any “other evidence deemed necessary”.

Confidentiality Is confidentiality ensured? The Arbitration Act contains no specific rules on confidentiality. However, the parties may include confidentiality rules in the arbitration agreement and most arbitration institutions include such rules.  

Can information in arbitral proceedings be disclosed in subsequent proceedings? The use of information obtained in arbitration proceedings is not prohibited as a general matter (unless otherwise agreed by the parties or stipulated in the applicable institutional rules).

Ethical codes What ethical codes and other professional standards, if any, apply to counsel and arbitrators conducting proceedings in your jurisdiction? The Arbitration Act contains no ethical standards, apart from requiring the impartiality and independence of arbitrators. The rules of most arbitration institutions commonly chosen by the parties include guidelines on ethical issues, such as conflicts of interest. Tribunals may also follow the International Bar Association Guidelines on Party Representation in International Arbitration, if the parties so agree.  

Costs

Estimation & allocation How are the costs of arbitration proceedings estimated and allocated? The Arbitration Act authorises the parties to agree on the arbitrators’ fees in the arbitration agreement and requires tribunals to apportion costs and expenses between the parties in the award – including any costs arising from a party’s procedural bad faith. In addition, following the practice of the national courts, tribunals tend to award legal costs to the successful party, based on a percentage of the amount in dispute. 

Unless the parties agree otherwise, arbitrators’ fees and expenses are determined according to the rules of the applicable arbitration institution. Under the rules of the arbitration institutions commonly chosen in Brazil, the administrative fees and arbitrators’ fees are usually calculated on the basis of the amount in dispute and, in some cases, the number of hours worked by the arbitrators. 

Security for costs Can the national court or tribunal order security for costs under the law in your jurisdiction? The Arbitration Act expressly allows the tribunal to order payment of an advance on costs.

The award

Requirements What legal requirements are there for recognition of an award? Must reasons be given for the award? Does the award need to be reviewed by any other body? Under the Arbitration Act, arbitral tribunals can issue both partial and final awards. An award must include:

  • the names of the parties;
  • the factual and procedural background of the dispute;
  • the grounds for the decision;
  • the decision;
  • the date and place where the decision was rendered; and
  • the signatures of the arbitrators. 

The need to submit the award to a national court for recognition depends on where the award was rendered. Awards rendered in Brazil have the same status as a court judgment and are automatically enforceable. Foreign awards must undergo a fairly simple recognition procedure, in which the Superior Court of Justice examines formal issues such as whether the award:

  • is final;
  • was rendered by a competent authority after proper notice;
  • has been notarised by a Brazilian consulate; and
  • is accompanied by a sworn translation in Portuguese. 

The grounds for refusal to recognise a foreign award essentially mirror those for refusal to enforce an award set out in the New York Convention. Recognition will not be granted if:

  • the parties to the arbitration agreement lack capacity;
  • the arbitration agreement is invalid under the law to which the parties agreed or the law of the seat of arbitration;
  • the respondent was not given proper notice of the appointment of the arbitrator or of the commencement of proceedings, or was otherwise unable to present its case;
  • the award exceeds the scope of the arbitration agreement and it is impossible to separate the relevant portion from the rest of the award;
  • the tribunal was not constituted in accordance with the arbitration agreement;
  • the arbitration award is not yet binding on the parties or has been set aside or suspended by a court at the seat of arbitration;
  • the subject matter of the dispute cannot be submitted to arbitration under Brazilian law; or
  • the award is contrary to Brazilian public policy.

Timeframe for delivery Are there any time limits on delivery of the award? The Arbitration Act provides that the award must be rendered within six months of constitution of the tribunal or the replacement of an arbitrator, unless the parties have agreed otherwise.

Remedies Does the law impose limits on the available remedies? Are some remedies not enforceable by the court? Brazilian law imposes no restrictions on the types of remedy that tribunals can award. 

The Brazilian courts – and thus tribunals – rarely award punitive damages, on the grounds that indemnification should generally offer compensation to the victim and not penalise the offender.  

What interim measures are available? Will local courts issue interim measures pending constitution of the tribunal? Local courts may grant interim measures to protect the parties’ rights and the integrity of the arbitration proceeding prior to constitution of the tribunal, and will also assist in the enforcement of interim measures rendered by the tribunal.  

Interest Can interest be awarded? Tribunals can award both simple and compound interest under Brazilian law. Unless the parties have agreed otherwise, the tribunal may consider several factors when determining the applicable interest rate, including:

  • the applicable arbitration rules;
  • the law governing the merits of the arbitration; and
  • the law of the seat of the arbitration.  

At what rate? Under Brazilian law, pre-award interest is generally awarded at the basic rate defined by the Brazilian government at the time that the award is rendered.

Finality Is the award final and binding? An award will be final and binding if it meets the formal requirements (ie, it includes the names of the parties; the factual and procedural background of the dispute; the grounds for the decision; the decision; the date of the award; the seat of the arbitration; and the signatures of the arbitrators).

What if there are any mistakes? Unless the parties have agreed otherwise, a party may request corrections or clarification to the award within five days of notice of the award, and the tribunal must decide on this request within 10 days or within the timeframe agreed on by the parties. 

Can the parties exclude by agreement any right of appeal or other recourse that the law of your jurisdiction may provide? The Arbitration Act does not specify whether the parties can waive their right to set-aside proceedings. Whether such a waiver is valid is controversial, in light of the Brazilian constitutional principle of free access to the judiciary.

Appeal What is the procedure for challenging awards? Under Brazilian law, unless the parties have agreed otherwise, an award can be challenged through annulment proceedings or as a means of defence in judicial enforcement proceedings. In the case of annulment proceedings, the party seeking to challenge the award must lodge its application before the competent court within 90 days of notification of the award or the decision on the request for correction and clarification.

On what grounds can parties appeal an award? The grounds for annulment are as follows:

  • The arbitration agreement is invalid.
  • The award was rendered by someone who could not serve as arbitrator.
  • The award does not meet the formal requirements (ie, does not include the names of the parties, the factual and procedural background of the dispute, the grounds for the decision, the decision, the date of the award, the seat of the arbitration or the signatures of the arbitrators).
  • The award exceeds the scope of the arbitration agreement.
  • The award was rendered as a result of nonfeasance, extortion or passive corruption.
  • The award was not rendered within the agreed timeframe or within six months of the commencement of proceedings.
  • The award does not comply with the procedural principles of full defence, proper response, equal treatment of the parties, and impartiality and independence of the arbitrators. 

Enforcement What steps can be taken to enforce the award if there is a failure to comply? If a party fails to comply voluntarily with an arbitral award, the interested party can enforce the award in the national courts, following the procedure for recognition of a foreign award.  

Can awards be enforced in local courts? Yes.

How enforceable is the award internationally? Awards rendered in Brazil can be enforced internationally pursuant to the relevant international treaties to which Brazil is a party. 

To what extent might a state or state entity successfully raise a defence of state or sovereign immunity at the enforcement stage? It is unlikely that a state or state entity that entered into an arbitration agreement while carrying out economic activities could successfully raise a defence of sovereign immunity in enforcement proceedings. The arbitrability of patrimonial disputes involving the state and state-owned entities is expressly recognised by the Arbitration Act and several laws, such as the Public-Private Partnership Law, the Concession Law and the Petroleum Law, and has been repeatedly affirmed by Brazilian jurisprudence and doctrine. Thus, unless the state or state-owned entity was acting as the public power – in which case its acts are deemed to concern the public interest – it cannot raise immunity of jurisdiction as a defence against enforcement. 

Likewise, there is no legal provision preventing the enforcement of an award against a foreign state. The assets of a foreign state are generally subject to execution in Brazil, unless they are immune pursuant to law or international treaties.

Are there any other bases on which an award may be challenged, and if so, by what? An award can only be challenged through annulment proceedings. 

How enforceable are foreign arbitral awards in your jurisdiction? Foreign awards are enforced in accordance with any applicable treaties, such as the New York Convention. If no treaty is applicable, they are subject to the enforcement grounds established by the Arbitration Act, which are almost identical to those set out in the New York Convention. Enforcement may be refused only if:

  • the parties to the arbitration agreement lack capacity;
  • the arbitration agreement is invalid under the law to which the parties agreed or the law of the seat of arbitration;
  • the respondent was not given proper notice of the appointment of the arbitrator or of the commencement of proceedings, or was otherwise unable to present its case;
  • the award exceeds the scope of the arbitration agreement and it is impossible to separate the relevant portion from the rest of the award;
  • the tribunal was not constituted in accordance with the arbitration agreement;
  • the arbitration award is not yet binding on the parties or has been set aside or suspended by a court at the seat of arbitration;
  • the subject matter of the dispute cannot be submitted to arbitration under Brazilian law; or
  • the award is contrary to Brazilian public policy.

Will an award that has been set aside by the courts in the seat of arbitration be enforced in your jurisdiction? No. In this respect, in EDF International S/A v Endesa Latinoamérica S/A (2015), the Brazilian Superior Court refused to recognise an International Chamber of Commerce arbitral award set aside in Argentina, the seat of arbitration. According to the Superior Court, the recognition of such an award would be contrary to the Brazilian law and applicable treaties.

Third-party funding

Rules and restrictions Are there rules or restrictions on third-party funders? There are no specific rules on third-party funding and this funding mechanism is not commonly used in Brazil.

Class-action or group arbitration

Concept Is there a concept in your jurisdiction providing for class-action arbitration or group arbitration? If so, are there any limitations to the arbitrability of such claims or requirements that must be met before such claims may be arbitrated? The Arbitration Act contains no rules on class-action or group arbitration and there has been little discussion about these types of arbitration in Brazil. They may be permitted, however, as long as the subject matter of the claim is arbitrable and the parties have fully consented to the arbitration. Indeed, the Federal Constitution expressly provides for the right to class-action arbitration in labour disputes (Article 114, §1º).

Hot topics

Emerging trends Are there any hot topics or trends emerging in arbitration in your jurisdiction? A combination of several factors – including an efficient arbitration regime, the courts’ respect for the principle of party autonomy and a sophisticated community of arbitration practitioners who are increasingly capable of handling complex disputes – has made Brazil one of the most arbitration-friendly jurisdictions in the world. The amendments to the Arbitration Act should increase the use of arbitration to resolve disputes in