Brazil - Baker & McKenzie International Arbitration Yearbook: 2012-2013
Joaquim T. de Paiva Muniz is a Partner in Baker & McKenzie’s Rio de Janeiro office and a professor of Business Law and Arbitration, teaching graduate courses at Fundação Getúlio Vargas (FGV). Mr. Muniz is Chairman of the Arbitration Commission of the Rio de Janeiro Bar (OAB/RJ) and coordinator to the arbitration courses of the Rio de Janeiro Bar, including a lato sensu graduate course, Chairman of the Rio de Janeiro section of the Brazilian Institute of Corporate Law (IBRADEMP) and author of many articles on international arbitration and Brazilian corporate law, including co-author of Arbitration Law of Brazil: Practice and Procedure (Juris Publishing 2006) and Arbitragem Internacional e Doméstica (Forense 2009).
Luis Alberto Salton Peretti is an Associate in the São Paulo office and his practice includes commercial arbitration and litigation.
Leonardo Mäder Furtado is an Associate in the São Paulo office and his practice includes commercial arbitration and litigation.
Originally from: Baker & McKenzie International Arbitration Yearbook: 2012-2013
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A. LEGISLATION, TRENDS AND TENDENCIES
A.1 Commission to Review Brazilian Arbitration Act
The Brazilian Senate recently created a commission to evaluate the need to change the Brazilian Arbitration Act and to draft, if necessary, a law on mediation. The drafting commission, created on November 22, 2012,4 is composed of thirteen individuals, including arbitration practitioners and scholars. The commission’s work is expected to start in early 2013 and will take about six months.
A. Legislation, Trends and Tendencies
A.1 Commission to Review Brazilian Arbitration Act
A.2 Brazil Ratified the CISG
B. Cases
B.1 Anti-Arbitration Injunction in Connection With an Arbitration Agreement Deemed Null and Void
B.2 State Courts Are Competent to Grant Interim Measures before the Commencement of Arbitration
B.3 The Application of the Jura Novit Curia Principle to Arbitration
B.4 Disputes Deriving from Consumer Relations Are Not Arbitrable
B.5 Awards Set Aside at the Seat of the Arbitration Are Not Enforceable in Brazil
C. The Grant and Enforcement of Interim Measures in International Arbitration
C.1 Tribunal-Ordered Interim Measures
C.2 Court-Ordered Interim Measures
C.3 Enforcement of Interim Measures