Pedro A. Batista Martins Sócio de Batista Martins Advogados. Coautor da Lei Brasileira de Arbitragem. Atua como árbitro e advogado em arbitragens nacionais e internacionais. Área do Direito: Arbitragem, Civil, Societário, Contratual Abstract: Keynote speech given at the event Arbitration and Infrastructure, organized by DCA – Dias Carneiro Advogados and Akin Gump Strauss Hauer […]

  Pedro A. Batista Martins; Bernard Potsch I. HISTORICAL INTRODUCTION. 1. From a pragmatic standpoint we can say that Brazil has been dealing with arbitration ages before 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 […]

Introduction. The Superior Court of Justice (“SCJ”) is, strictly speaking, the last judicial body competent to deal with matters of an infra-constitutional nature. Hence, it is the Court that harmonizes the case law related to arbitration in Brazil. In 2004 the Supreme Court transferred to the SCJ the competence to recognize and enforce foreign judicial […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

Pedro A. Batista Martins Arbitrating Corporate Disputes in Latin America When I read the topic of this panel – Arbitrating Corporate Disputes – it sent me back to year 1850 when Brazilian Commercial Code was enacted. Such Code was drafted mostly by business people and, of course, to avoid judicial delays and the lack of […]