LS Brazil Outlook Arbitration in Brazil between growing pains and opportunities for growth May
2021

Arbitration in Brazil between growing pains and opportunities for growth

Companies deem the Judiciary inefficient and slow, for good reason. Since the Brazilian Arbitration Act was passed in 1996, commercial arbitration has become more popular as an alternative to courts. However, arbitration still has not been as successful in other fields, nor is it insulated from the Judiciary –a circumstance that some would criticize as an undue interference. As the 25-year milestone is reached, it is about time to assess where arbitration currently stands and where it may go from here. This edition of LS Brazil Outlook is dedicated to that reflection.

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LS Brazil Outlook Winds of change? Confidentiality in arbitration involving publicly traded companies 13
May
2021

Winds of change? Confidentiality in arbitration involving publicly traded companies

Brazilian Securities and Exchange Commission opened a public consultation concerning a tentative regulation on disclosure of corporate disputes with publicly held companies. Contributions were made and are under review. We show that while transparency...

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LS Brazil Outlook Is Brazil still an arbitration-friendly country? 12
May
2021

Is Brazil still an arbitration-friendly country?

Recent court decisions setting aside arbitration awards raised concerns that arbitration could be endangered in Brazil. This article shows that courts are not seeking to undermine arbitration and that Brazil is still an arbitration-friendly...

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LS Brazil Outlook Arbitration in employment relations 12
May
2021

Arbitration in employment relations

The increase in the use of arbitration to settle labor and employment disputes within the last three years, when the Labor Reform expressly allowed it, may change Brazilian culture in the matter and reduce courts’ resistance to embrace arbitration...

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LS Brazil Outlook The coming of age of arbitration in Brazil 12
May
2021

The coming of age of arbitration in Brazil

As the Brazilian Arbitration Act completes its 25th anniversary and commercial arbitration becomes more popular, arbitration itself faces some pains of growth in the country – and at the same time new opportunities emerge.

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Article Practical Law Brazil: Cross-border Financing 22
Apr
2021

Practical Law Brazil: Cross-border Financing

Eduardo Salomão Neto, Luiz Roberto de Assis, Fabio Rodarte and Pedro Campos Ferraz authored the updated edition of the Practical Law Q&As for Brazil in the context of cross-border financing.

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Article Lessons to Learn from Brazil’s Competition Law and Practice 22
Mar
2021

Lessons to Learn from Brazil’s Competition Law and Practice

Partner Ana Paula Martinez wrote the editorial of the current issue of the Journal of European Competition Law & Practice (Oxford)

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LS Brazil Outlook Is the oil really ours? 04
Mar
2021

Is the oil really ours?

The sale of some of Petrobras’s oil refineries will lead to an increase in competition in downstream markets. Will it also allow for lasting arrangements designed to mitigate volatility of fuels prices in Brazil?

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LS Brazil Outlook Petrobras, CADE and the divestment of oil refineries 04
Mar
2021

Petrobras, CADE and the divestment of oil refineries

Petrobras’s settlement agreement with CADE to sell 50% of its oil refining capacity is yet to be implemented. Will CADE be able to enforce this landmark deal?

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LS Brazil Outlook The revolution in Brazilian fuel markets 04
Mar
2021

The revolution in Brazilian fuel markets

Petrobras’s announced divestment of 8 of its oil refining plants will have lasting effects in the Brazilian downstream market. Our guest author Winston Fritsch, of Struttura Project Development and Finance, discusses the expected impact of this...

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LS Brazil Outlook Petrobras: change in command raises uncertainty with respect to divestment plans 04
Mar
2021

Petrobras: change in command raises uncertainty with respect to divestment plans

The change in command at Petrobras has led to speculation as to whether the company’s programmed divestment of its refineries will still be pursued. This article summarizes what we know about where the divestment plan stands today.

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LS Brazil Outlook Petrobras, fuels prices and competition in downstream markets 04
Mar
2021

Petrobras, fuels prices and competition in downstream markets

Brazil’s downstream oil market is, at long last, headed for a fully competitive environment. This is the result of an agreement entered between Petrobras and antitrust authority CADE under which the state-owned oil company is to sell control...

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LS Brazil Outlook Salvaging the Amazon Fund 15
Jan
2021

Salvaging the Amazon Fund

The Amazon Fund is in crisis after many authorities worldwide suspended donations in response to changes implemented to its governance structure. We suggest a path towards salvaging the fund which revisits the role of Brazil’s Federal Audit...

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