This article by Nicolás Costabile, published by
Kluwer Arbitration Blog, explores: (i) Ecuadorian courts'
historic approach to the availability
of cassation (recurso de
casación) against decisions that resolve annulment
proceedings of arbitral awards, (ii) the change of approach taken
in the past year, and (iii) its particular impact on the finality
principle essential to arbitration. Read the article.
The content of this article is intended to provide a general
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O financiamento profissional de litígios se originou e fortaleceu nos países de língua inglesa, sobretudo Inglaterra, Austrália e Estados Unidos, onde é conhecido como alternative legal financing ou third-party litigation funding.
Arbitration analysis: Felipe Sperandio, associate at Clyde & Co, analyses the key changes introduced by Brazil's Arbitration Act 2015 (the 2015 Act) and assesses the revised Act's impact both at home and abroad.
To be effective in Brazil, arbitral awards rendered abroad – deemed by our legal system as foreign awards – must be recognized by the Superior Court of Justice (STJ) according to the procedure set forth in Resolution No. 9/2005.
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.
As of August 2015, the First Instance Courts for Bankruptcy and Insolvency will also rule any and all lawsuits filed in the city of São Paulo related to the Brazilian Arbitration Act (Law No. 9.307/1996).
On May 26, 2015, Brazil amended its arbitration law (nº 9,307/96) to expressly permit the "public administration" (i.e., companies owned by the state, government agencies) to be bound by arbitration agreements.
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