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.
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...Read more
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...Read more
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...Read more
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.Read more