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Recognition and Enforcement of Foreign Arbitral Awards: A New Chapter in Brazilian Arbitration History - Vol. 8 No. 3-4 ARIA 1997

Author(s): 
Horacio Falcгo
Page Count: 
100 pages
Media Description: 
1 PDF from "The American Review of International Arbitration (ARIA)"
Published: 
December, 1997
Jurisdictions: 
Brazil
Practice Areas: 
Commercial Disputes,
ADR,
Enforceability
Author Detail: 

Horacio Falcão - Works at CMI International Group, a negotiation consulting and training firm. Mr. Falcão is a lawyer graduated from PUC-Rio, Brazil, and a mediator trained by the Harvard Mediation Program. In 1998, he interned with Mme Anna Cambournac at the International Court of Arbitration of the International Chamber of Commerce (ICC) in Paris. Mr. Falcão received his LL.M. from Harvard Law School, where he concentrated in dispute resolution methods and negotiation. This article was written as the author’s Master’s thesis.

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Description: 

Originally from American Review of International Arbitration - ARIA

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Introduction

On September 23, 1996, Brazil enacted its first arbitration law. The Brazilian Arbitration Law1 (“BAL”) was published in the Federal Official Gazette on September 24, 1996. It entered into force 60 days later,2 as provided by its Article 43.

Although this was not the first regulation regarding arbitration in Brazil,3 this was the first Brazilian law that had a single method of alternative dispute resolution as the main subject.4 Brazil, that had been known for its isolationist and traditionalist use of law in the international context, started to show signs of changes and improvements.5 The BAL comes as the first law that addresses international commercial arbitration.6 Its innovations created the hope that Brazil would finally be joining the international community.