Arbitration Law Of Brazil
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Arbitration Law Of Brazil
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Author : Joaquim T. de Paiva Muniz
language : en
Publisher: Juris Publishing, Inc.
Release Date : 2006-11-01
Arbitration Law Of Brazil written by Joaquim T. de Paiva Muniz and has been published by Juris Publishing, Inc. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-11-01 with Law categories.
"Arbitration Law of Brazil: Practice and Procedure is a timely contribution to the development of commercial arbitration in Brazil, as it provides international practitioners and arbitrators with a useful reference tool to understand the Brazilian arbitral framework. Without sacrificing scholarly rigor, it provides a clear commentary on Brazilian arbitration legislation from a practical perspective, addressing the most relevant points in a direct and instructive manner, so that even someone unfamiliar with Brazilian law can comprehend all issues. This work reflects the experience of the authors, who are among the most prominent arbitration practitioners in Brazil. Both authors have long been committed to the development of arbitration, through teaching classes, organizing seminars and writing articles, not to mention their work on the Arbitration Committee of the Rio de Janeiro State Chapter of the Brazilian Bar Association, the first institution in Brazil to help develop and improve alternative dispute resolution mechanisms. Besides the authors' work, this book also contains in its appendices articles from other leading Brazilian scholars analyzing relevant issues in connection with arbitration in Brazil. This provides an enlightening combination of practical background and academic debate."--Publisher's website.
The Brazilian Arbitration Act
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Author : André Abbud
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2019-11-13
The Brazilian Arbitration Act written by André Abbud and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-13 with Law categories.
Brazil has risen to extraordinary prominence as an arbitration seat, and Brazilian law in matters of domestic and international arbitration has been watched all over the world due to its arbitration-friendly legislation and cutting-edge case law. This is the first book to fully recognize and elucidate this phenomenon with a detailed article-by-article examination, in English, of decisions of the Brazilian Supreme Court (STF) and the Brazilian Superior Court of Justice (STJ) on each of the Brazilian Arbitration Act’s (BAA) provisions. More than two hundred judicial decisions are directly quoted. In-depth annotation of the text of each article includes the following: a short descriptive summary of how the article is interpreted by case law and doctrine; a thorough report of decisions of the Brazilian superior courts since the 1996 enactment of the BAA referring to that article, presenting not only the majority view but also dissenting opinions; and a list of authorities interpreting each article and its relevant case law. All decisions that could represent current case law on arbitration are considered. Nearly half of the quoted decisions have direct impact on international arbitration, and many deal with enforcement of arbitral awards. Therefore, the book will attract not only Brazilian practitioners but will be particularly useful to international counsel and arbitrators dealing with Brazilian parties or cases with a Brazilian element. The only book of its kind, it will prove indispensable for arbitration scholars and law libraries. “By providing a careful and comprehensive compilation of Brazilian case law on arbitration, with a particular focus on the Superior Court of Justice’s leading precedents, this volume makes a valuable contribution to the continued development of arbitration in Brazil and elsewhere. While it will no doubt be of great use to the Brazilian bar, it is a particularly useful reference for the non-Brazilian practitioner and scholar, who do not have ready access to Brazilian court decisions or, in many cases, even knowledge of the Portuguese language”. From the foreword by Donald Francis Donovan
International Arbitration Law And Practice In Brazil
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Author : Peter Sester
language : en
Publisher: Oxford University Press, USA
Release Date : 2020
International Arbitration Law And Practice In Brazil written by Peter Sester and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Law categories.
This book provides comprehensive coverage on the state of arbitration in Brazil following the enactment of the 1996 Arbitration Act. Expert contributors explore the impact of this act on a range of areas all of Brazilian international law, including labour law, construction, and capital market transactions.
Arbitration In Brazil
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Author : João Bosco Lee
language : en
Publisher:
Release Date : 2011-08
Arbitration In Brazil written by João Bosco Lee and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-08 with Arbitration and award categories.
This volume contains a systematic study of the Brazilian Arbitration Act and other Brazilian Acts which regulate arbitration in Brazil, an analysis of Brazilian national court judgments and the real practice of arbitration in Brazil.
The Cam Ccbc Arbitration Rules 2012
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Author : Frederico José Straube
language : en
Publisher:
Release Date : 2016
The Cam Ccbc Arbitration Rules 2012 written by Frederico José Straube and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Arbitration and award categories.
The prominent role of the Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada in the context of international commercial arbitration in Brazil is already well established, but its recognition will be enhanced by the fact that it will serve as the relevant set of rules to be applied in the 2017 edition of the Vis Moot Competition. The present commentary provides a detailed road map of the international arbitral process as contemplated from a Brazilian perspective and through the particular prism of the rules of Brazil's pre-eminent arbitral institution. It thus provides the English reader with a valuable opportunity to consider how international arbitration is meant to function in Brazil. [Subject: Arbitration Law, Commercial Law, International Law]
Introduction To Brazilian Law
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Author : Fabiano Deffenti
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2016-11-15
Introduction To Brazilian Law written by Fabiano Deffenti and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-15 with Law categories.
This is an updated edition of the only full-scale book in English on the law of a country that in recent years has emerged as a leading player on the world’s stage. Brazil’s markets have flourished as courts, legislators and a sophisticated legal elite have continuously adapted foreign rules to the country’s realities, giving Brazil a formidable edge in attracting foreign investors. Sixteen notable Brazilian authorities describe and analyse the laws, regulations and jurisprudence in all the major fields of legal practice and administration, paying detailed attention to such elements as the following: - the multiple interwoven sources of Brazilian law; - administrative agencies and procedures; - Brazil’s unique ‘social function of contracts’ principle; - corporate and related structures; - the new Brazilian civil procedure code and arbitration rules; - constitutional principles and judicial review; - fiduciary transfers and insolvency issues; - complex rules of criminal procedure; - mandatory succession rules; - labour law compliance; - private international law; and - taxation. Each chapter is followed by an up-to-date reference list of works both in English and in Portuguese. This book provides practitioners with information more than sufficient to navigate through any area of Brazilian law. Lawyers and scholars will find here an overview that will continue to be useful as a resource in facing and overcoming the challenges inherent in engaging with Brazil’s economy and legal realities.
Contract Law In Brazil
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Author : Lisiane Feiten Wingert Ody
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2021-05-20
Contract Law In Brazil written by Lisiane Feiten Wingert Ody and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-20 with Law categories.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in Brazil covers every aspect of the subject-definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of ‘consideration’ or ‘cause’ and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of ‘relative effect’, termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Brazil will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law
Judicial Precedent And Arbitration Are Arbitrators Bound By Judicial Precedent
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Author : Guilherme Rizzo Amaral
language : en
Publisher:
Release Date : 2018
Judicial Precedent And Arbitration Are Arbitrators Bound By Judicial Precedent written by Guilherme Rizzo Amaral and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Arbitration and award categories.
One of the cornerstones of arbitration is the finality of arbitral awards. Saving rare exceptions, arbitral awards cannot be subject to challenges based on the arbitrator's errors of law. Furthermore, there is no hierarchy between arbitral tribunals and judicial courts, nor are arbitrators part of any judicial system. Thus, if arbitrators are not part of any hierarchical scheme and if there is no challenge or appeal available against their errors of law, how could one say that arbitrators have a duty to follow judicial precedents? Besides, when individuals agree to solve their disputes outside the judicial arena, should they expect a private arbitrator to abide by the same standards of a system they have just avoided? Is the choice for arbitration not a choice for an entirely different legal system, unbound by the so-called judge-made law? This book attempts to answer those questions by presenting a comprehensive guide to the relation between judicial precedents and arbitration in the United States, the United Kingdom and in Brazil, as well as in international arbitration as a whole. In its second edition, the book offers an Appendix on Chinese Guiding Cases and Arbitration.
Private International Law In Brazil
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Author : Jacob Dolinger
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2017-10-20
Private International Law In Brazil written by Jacob Dolinger and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-20 with Law categories.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to the law applied to cases involving cross border issues in Brazil. It offers every lawyer dealing with questions of conflict of laws much-needed access to these conflict rules, presented clearly and concisely by a local expert. Beginning with a general introduction, the monograph goes on to discuss the choice of law technique, sources of private international law, and the relevant connection with other laws. Then follows clear description and analysis of the rules of choice of law on natural and legal persons, contractual and non-contractual obligations, movable and immovable property, intangible property rights, company law, family law (marriage, cohabitation, registered partnerships, matrimonial property, maintenance, child law), and succession law (including testamentary dispositions). The presentation concludes with an overview of relevant civil procedure, examining lex fori and issues of national and international jurisdiction, acceptability and enforcement of foreign judgements, and international arbitration. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers handling cases in Brazil. Academics and researchers, as well as judges, notaries public, marriage registrars, youth welfare officers, teachers, students, and local and public authorities will welcome this very useful guide, and will appreciate its value in the study of private international law from a comparative perspective.
Recognition And Enforcement Of Foreign Arbitral Awards In Brazil
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Author : Leonardo de Campos Melo
language : en
Publisher:
Release Date : 2015
Recognition And Enforcement Of Foreign Arbitral Awards In Brazil written by Leonardo de Campos Melo and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.
As Brazil turns into a major player in international trade, it is inevitable that the number of foreign arbitral awards rendered against parties with assets located in that country will grow exponentially. Accordingly, it is important that successful parties in arbitration proceedings who may need to enforce awards in Brazil be aware of the local procedures for recognition and enforcement.