The first initiatives of the new administration in Congress are an overhaul of the pension system and anticrime legislation. Laws to reduce Custo Brasil – red tape and structural problems that make Brazil costlier – are not yet a priority. But they should be. This edition of LS Brazil Outlook addresses a relevant dimension of Custo Brasil – hurdles that affect litigation and arbitration. We examine what investors should consider when claims arise in Brazil, and pitfalls that they can (or cannot) avoid.

On this issue | February 2019

Litigation can become a bad economic decision in Brazil

Litigation can become a bad economic decision in Brazil

Foreign parties need to be cautious when assessing opportunities to bring, defend or settle claims before Brazilian courts. Litigation can be slow, unreliable and expensive – and can also hide some unexpected costs for foreign parties. Most...

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New horizons for arbitration involving public entities in Brazil

New horizons for arbitration involving public entities in Brazil

Litigation against the government in Brazil is a long and difficult process and an important part of the so-called Custo Brasil. But since 2015 arbitration has become an alternative to offer a more efficient way to investors in some disputes...

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Signs of improvement in tax litigation

Signs of improvement in tax litigation

A tax reform has been promised by the new administration that should involve reducing the number and complexity of taxes, as well as streamlining legislation. That will take some time, though. At least, recent decisions by higher courts may...

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The difficulties of enforcing foreign awards in Brazil

The difficulties of enforcing foreign awards in Brazil

Recognition of foreign judicial and arbitral awards precedes enforcement but can take years and become contentious. A foreign party should consider that when estimating the potential to recover funds. The only way to avoid the process of recognition...

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