Mauricio Gomm-Santos is a foreign legal consultant with the U.S. law firm Buchanan, Ingersoll & Rooney, in Miami. He is also an adjunct professor of law at the University of Miami, where he teaches arbitration in Latin America. He can be reached by e-mail at email@example.com.
At the center of this conflict in Brazil’s recent case law is the compromisso (i.e., a submission agreement). One case holds it is not required in a “full arbitration clause,” while the other holds that it is always required to initiate arbitration. How this conflict will be resolved has significant ramifications for international arbitration in Brazil.
In the February-April 2009 Dispute Resolution Journal, I reported on a conflict between a decision of the São Paulo Court of Appeals and the Paraná Court of Appeals in Brazil that has important ramifications for international arbitration in Brazil. This article more fully discusses that conflict and the views of commentators and the possible outcome of the conflict.