BRAZIL Law and Practice Contributed by: Eduardo Perazza, Glaucia Coelho, Débora Chaves Martines Fernandes and Agnes Domingues, Machado Meyer
• CBMA (Brazilian Center for Mediation and Arbitra- tion – Rio de Janeiro) – has experienced steady growth, particularly in energy and infrastructure disputes. • AMCHAM Arbitration Center (American Chamber of Commerce) – commonly used in disputes involv- ing US and international companies. • FGV Chamber of Mediation and Arbitration – affili- ated with Getulio Vargas Foundation, with a strong presence in high-level commercial disputes. • CAM-CIESP/FIESP – the arbitration chamber linked to the São Paulo Federation of Industries, frequently used in industrial and commercial mat- ters. In international arbitrations with a Brazilian nexus, foreign institutions such as the ICC (Paris), LCIA and SIAC are also commonly selected. 3.6 Length of Proceedings The duration of arbitral proceedings in Brazil varies depending on factors such as complexity, number of parties, the chosen institution and the procedural timetable. Arbitrations without expert evidence last, on average, around 21 months, while proceedings involving expert evidence average approximately 49 months. Expedited procedures can significantly shorten this timeframe, with awards often rendered within six to nine months. 3.7 Regulation of Arbitration The main statute governing arbitration in Brazil is the Brazilian Arbitration Act (Law No 9,307/1996), inspired by the UNCITRAL Model Law and applicable to both domestic and international arbitration. The Act was substantially amended by Law No 13,129/2015, which expressly allowed arbitration involving the public administration, introduced tribunal-granted interim measures, partial awards and corporate arbitration clauses. Brazil is a party to the New York Convention, the Panama Convention and the Mercosur Agreement on International Commercial Arbitration. The Civil Proce- dure Code provides supplementary rules on the rec- ognition and enforcement of foreign arbitral awards.
Notably, Brazil is not a signatory to the ICSID Conven- tion and does not participate in the traditional invest- ment arbitration framework. 3.8 Court Powers Brazilian courts play an important supportive role in arbitration. • Enforcement of arbitration agreements – courts stay judicial proceedings and refer parties to arbi- tration when a valid arbitration clause exists and may compel arbitration through specific perfor- mance. • Interim relief – courts may grant interim and urgent reliefs before the arbitral tribunal is constituted and assist with enforcement of tribunal-ordered meas- ures after constitution. • Award enforcement – courts have the power to enforce arbitral awards as they are qualified as judicial enforcement titles. • Foreign award recognition – the STJ has exclusive jurisdiction to recognise and enforce foreign arbitral awards. 3.9 Court Intervention Brazilian courts intervene in arbitration only in limited and well-defined circumstances, reflecting the pro- arbitration policy of the legal framework. Importantly, courts do not review the merits of arbitral awards. The main form of judicial intervention is the annulment action, which must be brought within 90 days of noti- fication of the award. The grounds for annulment are strictly limited to procedural irregularities, including: • a null and void arbitration agreement; • an award rendered by a disqualified arbitrator; • failure to comply with formal requirements of the award; • an award that exceeds the scope of the arbitration agreement; • corruption or fraud; • an award rendered after the deadline; and • a violation of due process or the equal treatment of the parties.
63 CHAMBERS.COM
Powered by FlippingBook