Arbitration in Brazil: Some New Developments

Pedro A. Batista Martins 1. Introduction. 1.1. In September 2006, the legislation governing arbitration in Brazil, Law n. 9307, will complete 10 years. The Arbitration Law’s 10th anniversary will be cause for celebration amongst the members of the arbitration community in Brazil. The improvements that arbitration has made in the country over the past nine […]

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Highlight on Brazilian Arbitration Act

Pedro A. Batista Martins1   1. History of Arbitration in Brazil 1.1 Contrary to common perception, Brazil has a rich history in the use of arbitration as a means of dispute resolution. As an example, since the 19th century, Brazil has successfully used arbitration to settle international border and territory disputes. In the late 1800s […]

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Telecommunications Arbitration in Latin America

Paul E. Mason Pedro A. Batista Martins[1] I. Introduction and regional overview; II. Case patterns in the region; III. Special arbitration by the national telecom regulatory agencies; IV. Private telecom arbitration in Brazil without the Regulator; V. Conclusions; VI. Table of Latin American arbitration cases I. Introduction and regional overview 1. The telecommunications industry has […]

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Ten Years Of Brazilian Arbitration Law: Overview and Prospects

Pedro A. Batista Martins   Introduction 1. From a pragmatic standpoint we can say that Brazil has been dealing with arbitration ages before the Law n. 9.307/96 came into force, on November 23, 1996.1 Historically, Brazil has submitted to arbitration proceedings border disputes with Peru, Argentine and Guyana and indemnification claims resulting from accidents involving […]

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Arbitration in Brazil

Pedro A. Batista Martins Brazil has for many years had a reputation for being hostile to arbitration and outside the international arbitration community. In fact, Brazil has a long tradition of arbitration, and its new arbitration statute – recently upheld as constitutional by the Brazilian Supreme Court – brings Brazil into line with the prevailing […]

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Some Remarks On Arbitration In Brazil And The Role Of The Judiciary

Pedro A. Batista Martins A. Introduction It would be naive to think that the implementation of arbitration as a dispute settlement mechanism in a given country would – be possible without adequate support from the country’s Judiciary Power. The cooperation of the judiciary is necessary and welcome not only to obtain enforcement of the arbitral […]

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Development of Arbitration in Brazil

Pedro A. Batista Martins[1] 1. Although Brazil has had a great number of legislation dealing with arbitration, in fact its development in the country was jeopardized due to some legal constrains, i.e. lack of enforceability of the arbitration agreement; need to court certification (homologation) of the arbitral award. 2. Such barriers were so strong that […]

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Arbitration Notes To The Oral Presentation At American Arbitration Association (D.C. AND N.Y.)

Pedro A. Batista Martins[1] 1. In my presentation I intend to update the audience basically with the legal aspects involving a new investment law and the new jurisdiction for the recognition and enforcement of arbitral award. Public-Private Partnership 2. On December 30, 2004, after political debate about the role of State and the ground of […]

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