BRAZIL Law and Practice Contributed by: Ivo Waisberg, Ricardo Pomeranc Matsumoto and Ana Rennó, Thomaz Bastos, Waisberg, Kurzweil Advogados
Thomaz Bastos, Waisberg, Kurzweil Advogados Av. Brigadeiro Faria Lima, 3311
13° andar Itaim Bibi São Paulo/SP Brazil 04538-133
Tel: +55 11 3552-5000 Fax: +55 11 3552-5099 Email: contato@twk.com.br Web: www.twk.com.br
1. General 1.1 Prevalence of Arbitration
tors have been facing specific crises, which has led to a rise in disputes. 1.3 Arbitration Institutions For international arbitrations, ICC Brazil is currently the most commonly used arbitral institution. However, other national institutions are also in high demand, such as the Center for Arbitration and Mediation of the Brazil-Canada Chamber of Commerce (CAM-CCBC), the Arbitration Centre of the American Chamber of Commerce (AMCHAM), the Market Arbitration Cham - ber (B3), and the Arbitration and Mediation Center of CIESP/FIESP, among others. 1.4 National Courts Under Brazilian arbitration law, arbitrations seated in another country are considered international arbitra - tions. Prior to the enforcement of the decisions arising from such arbitrations, the parties must apply to the Superior Court of Justice (STJ), which is the com - petent authority to recognise foreign arbitral awards in Brazil. Afterwards, the enforcement of the interna - tional arbitral award must be filed exclusively before the federal courts. For domestic arbitration, several states of Brazil have established first-instance and appellate courts spe - cialised in arbitration-related disputes, as is the case in the state of São Paulo.
In Brazil, although most disputes are resolved through the judiciary, the use of domestic and international arbitration as a method of dispute resolution has been steadily growing, especially in more sophisticated cas - es involving significant amounts. The establishment of an ICC office in São Paulo and the development of national arbitration chambers have been attract - ing many users to arbitration in Brazil. International arbitration, although growing, is still primarily used in cases involving foreign parties or in matters related to the recognition and enforcement of foreign awards. 1.2 Key Industries Various industries have resorted to arbitration in Bra - zil, both in cases where arbitration is mandatory and where it is optional. Among the sectors that require arbitration as a means of dispute resolution is the energy sector. For publicly held companies listed at a certain level on the São Paulo Stock Exchange (B3), arbitration is also mandatory for corporate matters. In the oil and gas and construction sectors, although arbitration is generally not mandatory, it has been widely used. There is a high level of activity in these sectors, both for domestic and international arbitration, as the vol - ume of business is increasing. In addition, several sec -
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