Los contratos con los Estados, contienen clausulas de resolución de controversias, las cuales, determinarán el mecanismo elegido por las partes para dirimir cualquier controversia que derive del mismo. En la etapa de negociación, las partes ponen especial énfasis en las obligaciones sustanciales, en detrimento de la cláusula de resolución de controversias, la cual en la práctica, será aquella que defina quien juzgará el cumplimiento o incumplimiento de dichas obligaciones
A discussion on the constant change of procedural law.
Arbitration in Brazil is regulated by Law No. 8,307, of September 23, 1996 (the Brazilian Arbitration Act), which applies to all arbitral proceedings with their seat in the Brazilian territory, and it is based on the UNCITRAL Model Law and on the Spanish Arbitration Law of 1988.
The Brazilian Superior Court of Justice (STJ) recently took another step towards the consolidation of arbitration as an alternative means of dispute resolution.
Following the dynamism of the economic relations and the increasing practice of the stock markets, it became quite common throughout the corporative world the offering of options to employees to purchase shares of the employing company under pre-established price and conditions, the so-called stock option plans.
Share Purchase Deal pursuant to which MYERS HOLDINGS BRASIL LTDA acquired 100% of the stock of PLASTICOS NOVEL DO NORDESTE.
The Third Chamber of the Brazilian Superior Court of Justice (Superior Tribunal de Justiça – STJ) recently ruled that once the arbitral tribunal is constituted the Judiciary Power no longer has jurisdiction/competence to determine any issue submitted to arbitration, including any related interim measure.
This brief article is intended to address the issue of international lis pendens from a Brazilian law perspective and its recent developments.
Not so long ago, the general perception within the Brazilian legal community was that the number of seminars, symposia and congresses about arbitration far outnumbered the actual cases submitted to this alternative means of dispute resolution.
Brazil is a country in constant economic and social development, steadily participating in more and more international trade.
Arbitration is increasingly being chosen as a method of resolving disputes in contracts involving Brazilian parties.
The Brazilian Superior Court of Justice ("STJ")
rendered an important decision in the area of arbitration
involving a health plan operator company which is under
administrative winding-up proceedings.