The Relation Between Arbitration And The Judiciary In Brazil
DOWNLOAD
Download The Relation Between Arbitration And The Judiciary In Brazil PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get The Relation Between Arbitration And The Judiciary In Brazil book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
The Relation Between Arbitration And The Judiciary In Brazil
DOWNLOAD
Author : Comitê Brasileiro de Arbitragem
language : pt-BR
Publisher:
Release Date : 2010
The Relation Between Arbitration And The Judiciary In Brazil written by Comitê Brasileiro de Arbitragem and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with categories.
The Brazilian Arbitration Act
DOWNLOAD
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
Judicial Precedent And Arbitration Are Arbitrators Bound By Judicial Precedent
DOWNLOAD
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.
The Relation Between Arbitration And The Judiciary In Brazil 2010
DOWNLOAD
Author :
language : en
Publisher:
Release Date : 2010
The Relation Between Arbitration And The Judiciary In Brazil 2010 written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Arbitration and award categories.
Academic-Scientific Institutional Partnership, School of Law of São Paulo of the Getulio Vargas Foundation (FGV) (LAW GV) and Brazilian Committee on Arbitration (CBAr), Survey Project “Arbitration and the Judiciary” /Daniela Monteiro Gabbay, Rafael Francisco Alves, Selma Ferreira Lemes, Natália Langenegger, Natália Luchini, Maria Cecília Asperti and Patricia Shiguemi Kobayashi --Academic-Scientific Institutional Partnership, School of Law of São Paulo of the Getulio Vargas Foundation (FGV) (LAW GV) and Brazilian Committee on Arbitration (CBAr), 2nd Stage of the Survey “Arbitration and the Judiciary” - Report on the 1st Theme: Invalidity of the Arbitral Award /Adriana Braghetta, Eduardo Damião Gonçalves, Daniela Monteiro Gabbay, Eleonora Pitombo, Gustavo Santos Kulesza, Patrícia Shiguemi Kobayashi, Paulo Eduardo Alves da Silva, Rafael Francisco Alves, Selma Ferreira Lemes and Vera Cecília Monteiro de Barros --Court Decisions Found in the Research --Note on a court ruling that annulled an arbitral award: Compushopping Informática Ltda ME and Others, Americel S/A v. Compushopping Informática Ltda ME and Others, Americel S/A, Tribunal de Justiça do Distrito Federal e dos Territórios, Apelação Cível No. 2001 01 1 123916-5 (275772), 6 June 2007 --Note on a court ruling that annulled an arbitral award: Mário Romanhol v. Espólio Alvico Alves Freitas and Another Party, Tribunal de Justiça do Estado de Minas Gerais, Apelação Cível No. 2.0000.00.413094-5/000(1), 16 September 2004 --Note on a court ruling that annulled an arbitral award: H.R.M.L. v. V.M.R.L. and L.F.R.L., represented by their mother E.P.R., Tribunal de Justiça do Estado de Mato Grosso, Agravo de instrumento No. 54131/2007, 28 January 2008 --Note on a court ruling that annulled an arbitral award: Carlos Segundo Jimenez da Silva v. Mister Saidam Bijouterias Ltda., Tribunal de Justiça do Estado do Rio de Janeiro, Apelação Cível No. 2007.001.04485, 3 May 2007 --Note on a court ruling that annulled an arbitral award: Ondina Conceição de Jesus v. Antônio Francisco da Cruz and Another Party, Tribunal de Justiça do Estado do Rio de Janeiro, Apelação Cível No. 2007.001.18895, 5 June 2007 --Note on a court ruling that annulled an arbitral award: Associação Mato-Grossense de Defesa do Direito Autoral - AMDDA and Another Party v. Publihoje Propaganda e Comércio Ltda., Tribunal de Justiça do Estado de Mato Grosso, Apelação Cível No. 24360/2007, 1 October 2007 --Note on a court ruling that annulled an arbitral award: Jimmie Earl Carlise v. Luciano Silva Pereira, Tribunal de Justiça do Estado do Rio de Janeiro, Agravo de instrumento No. 2006.002.27583, 4 April 2007 --Note on a court ruling that annulled an arbitral award: Alcides Severino Milani v. Waldoir Vincente Schwerz, Tribunal de Justiça do Estado do Rio Grande do Sul, Apelação Cível No. 70005797774, 3 April 2003 --Note on a court ruling that annulled an arbitral award: Tribunal de Mediação e Justiça Arbitral do Distrito Federal - TMJTA/DF v. 1. Carlos Roberto Da Cunha Monteiro and 2. Futuro Pré-Vestibular de Estudantes Universitários, Tribunal de Justiça do Distrito Federal e dos Territórios, Agravo Regimental No. 2004.08.1.000132-9, 28 February 2005 --Note on a court ruling that annulled an arbitral award: Raça Humana Indústria e Comércio de Confecções Ltda. v. Blink - Confecções Brasília Ltda., Tribunal de Justiça do Estado do Espírito Santo, Apelação Cível No. 035030197533, 28 November 2006 --Note on a court ruling that annulled an arbitral award: Katia Cilene Rosa da Silva v. Elvio Windberg Soares and Another Party, Tribunal de Justiça do Estado do Rio Grande do Sul, Apelação Cível No. 70019884980, 4 October 2007 --Note on a court ruling that annulled an arbitral award: Dirceu Alves da Silva v. Luiz Mangieri, Tribunal de Justiça do Estado de São Paulo, Apelação Cível No. 427901-4/0, 18 October 2007 --Note on a court ruling that annulled an arbitral award: Conselho Arbitral da Região Serrana e Interior do Estado do Rio de Janeiro Carsierj and Another Party v. Rita de Cassia de Paula, Tribunal de Justiça do Estado do Rio de Janeiro, Apelação Cível No. 2006.001.39655, 7 November 2006 --Note on a court ruling that annulled an arbitral award: Tribunal de Mediação e Justiça Arbitral do Distrito Federal - TMJTA/DF v. Logística VII Distribuição e Transportes Ltda., Tribunal de Justiça do Distrito Federal e dos Territórios, Apelação Cível No. 2004.01.1.093249-0, 7 March 2007.
Arbitration Law Of Brazil
DOWNLOAD
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.
Private International Law In Brazil
DOWNLOAD
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.
Civil Procedure In Brazil
DOWNLOAD
Author : Humberto Dalla
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-08-19
Civil Procedure In Brazil written by Humberto Dalla 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 2020-08-19 with Law categories.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient volume provides comprehensive analysis of the legislation and rules that determine civil procedure and practice in Brazil. Lawyers who handle transnational matters will appreciate the book’s clear explanation of distinct terminology and application of rules. The structure follows the classical chapters of a handbook on civil procedure: beginning with the judicial organization of the courts, jurisdiction issues, a discussion of the various actions and claims, and then moving to a review of the proceedings as such. These general chapters are followed by a discussion of the incidents during proceedings, the legal aid and legal costs, and the regulation of evidence. There are chapters on seizure for security and enforcement of judgments, and a final section on alternative dispute resolution. 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. Succinct, scholarly, and practical, this book will prove 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 comparative value as a contribution to the study of civil procedure in the international context.
Access To Justice In Arbitration
DOWNLOAD
Author : Leonardo de Oliveira
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-11-17
Access To Justice In Arbitration written by Leonardo de Oliveira 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 2020-11-17 with Law categories.
Access to Justice in Arbitration Concept, Context and Practice Edited by Leonardo V P de Oliveira & Sara Hourani The exponential growth of arbitration beyond commercial and investment matters, reaching disputes that have traditionally been decided by courts – such as labour and employment, sports, and competition disputes, and those involving human rights violations – raises questions about the impact of this expansion on access to justice. This collection of essays by arbitral practitioners, academics, and arbitral institution officials presents, for the first time, an in-depth analysis of the role access to justice plays in arbitration. Overall, the book assesses how access to justice can be guaranteed in arbitration and, in particular, shows how access to justice works in various types of arbitration. The book and its contributions will be of immeasurable value in determining the practical application of such concerns as the following: when issues of access to justice can be raised in arbitral disputes and when violations of access to justice can be challenged; ramifications of arbitration clauses in contracts; ensuring fairness and efficiency arising from technological innovations applied to arbitration; legal framework applicable to online dispute resolution and blockchain-based arbitration, especially with regard to recognition and enforcement; and access to justice in arbitrations involving sexual harassment. The book concludes with three chapters on access to justice under the rules of arbitral institutions as revealed by studies of the World Intellectual Property Organisation, the Singapore International Arbitration Centre, and the International Centre for Settlement of Investment Disputes. Arbitration provides a final binding decision that can be challenged on very limited grounds; thus, with arbitration settling disputes that were originally a prerogative of the judiciary, securing fairness in such procedures is paramount to the survival of arbitration. For this reason, arbitration practitioners, institutions, and academics will appreciate this deeply-informed analysis and commentary on a crucial aspect of a highly significant and rapidly evolving area of practice.
The Legitimacy Of International Trade Courts And Tribunals
DOWNLOAD
Author : Robert Howse
language : en
Publisher: Studies on International Courts and Tribunals
Release Date : 2018-04-12
The Legitimacy Of International Trade Courts And Tribunals written by Robert Howse and has been published by Studies on International Courts and Tribunals this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-12 with Law categories.
2.2 Procedural Rules and Issues
Asian Courts In Context
DOWNLOAD
Author : Jiunn-rong Yeh
language : en
Publisher: Cambridge University Press
Release Date : 2015
Asian Courts In Context written by Jiunn-rong Yeh and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.
Analyzes courts in fourteen selected Asian jurisdictions to provide the most up-to-date and comprehensive interdisciplinary book available.