Searching Content indexed under Litigation, Mediation & Arbitration by Walter Stuber Consultoria Jurídica ordered by Published Date Descending.
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Action Of Unavailability Of Goods, Values And Rights As A Result Of The United Nations Security Council's Resolutions
Law No. 13,170, of October 16, 2015 (Law 13,170/2015) regulates the action of unavailability of goods, values and rights to possession or ownership and all other real or personal rights directly or indirectly held by individuals or legal entities subject to this kind of sanction for resolutions of the United Nations Security Council (UNSC).
3 Feb 2016
The Limits Of National Jurisdiction In The New Brazilian Civil Procedure Code – Validity Of The Choice Of Exclusive Foreign Jurisdiction Clause In International Agreements
Therefore, the Brazilian jurisdiction is not applicable in the case of international contracts, when there is a choice of exclusive foreign jurisdiction clause.
22 Jul 2015
Arbitration To Solve Corporate Disputes In Brazil
Law No. 13,129, of May 26, 2015 amends Law No. 9,307, of November 23, 1996 (the Arbitration Law) and Law No. 6,404, of December 15, 1976 (the Brazilian Corporation Law – BCL) and adds a new article 136-A to the BCL ...
16 Jun 2015
Is Trading Permitted During Public Offers In Brazil?
The Brazilian Securities and Exchange Commission (Comissão de Valores Mobiliários – CVM) decided to amend and add provisions to CVM Instruction No. 400, of December 29, 2003 (CVM Instr. 400/2003), that regulates public offers for the distribution of securities in the primary and secondary markets in Brazil, by means of CVM Instruction No. 533, of April 24, 2013 (CVM Inst. 533/2013).
30 Apr 2013
10 Traps To Avoid In Drafting Arbitration Agreements*
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.
3 Jan 2013
Interim Measures in Arbitration in Brazil
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.
6 Jul 2012
The Brazilian Exchange Changed The Rules Of The Market Panel
Changes to the Rules of the Market Arbitration Panel (Câmara de Arbitragem do Mercado - CAM), also known as Market Panel (Câmara do Mercado), were approved in a restricted hearing, and subsequently approved by the Board of Directors of the Brazilian Exchange (BM&FBOVESPA S.A. – Bolsa de Valores, Mercadorias e Futuros - BVMF) on September 10, 2011.
27 Oct 2011
Judgment Of A Foreign Arbitral Tribunal Rendered In Brazil Is Domestic
The Third Chamber of the Brazilian Superior Court of Justice (Superior Tribunal de Justiça - STJ) recently ruled that an arbitral award arising out of proceedings brought before the International Court of Arbitration of the International Chamber of Commerce (ICC), headquartered in Paris, but rendered in the Brazilian territory, is a domestic judgment and does not have to be ratified by the STJ to be enforceable in Brazil and to initiate execution proceedings in our jurisdiction.
15 Jun 2011
Boilerplate Clauses – A Brazilian Perspective*
The Brazilian market is very dynamic, with many sophisticated deals involving worldwide interests and cross-border activities. In many dual or multi-jurisdiction transactions, clients engage legal counsel from several different jurisdictions to assist them throughout the transaction.
29 Oct 2010
Intermediation of Operations and Offering of Securities on the Internet
The amazingly easy transmission and virtual dissemination of information offered by the Internet has made possible for institutions performing in the securities intermediation business to offer their services to clients residing in any foreign country irrespective of any physical representation in the country. This means of communications has been a concern for regulatory authorities in several jurisdictions due to the difficulty to actually oversee and monitor Internet transactions, especially
28 Nov 2005
The New Regulation on the Brazilian Export Transactions
Under the terms of Resolution nº 3266, of March 4, 2005, which makes provisions on the receipt of amounts relating to exports, the Brazilian Monetary Council simplified the exchange rules and procedures governing exporting of goods and services.
31 May 2005
Court Precedent Confirms That Brazilian Credit Card Management Companies Are Allowed To Charge Up To 12% Delinquent Interest A Year
Justice Cesar Asfor Rocha, of the 4th Panel of Judges of the Superior Court of Appeals (STJ), gave partial approval to appeal filed by the Brazilian credit card management company Fininvest S/A Negócios de Varejo (Fininvest) from the decision handed out by the Rio Grande do Sul Court State of Appeal
16 Jun 2004
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