International Arbitration 2025

BRAZIL Trends and Developments Contributed by: Karina Goldberg and Bruno Monteiro, Ferro, Castro Neves, Daltro & Gomide Advogados

lished in Article 2, paragraph 1 of the Brazilian Arbitra - tion Law and Article 17 of the LINDB. The definition of public order is complex, but generally encompasses mandatory rules that aim to preserve the values and interests of society, with positive action by the state. For this precise reason, it is crucial to ensure that the rights regulated in legal transactions are waivable (ie, capable of being transacted by the parties), as well as that there is no imbalance between the parties. Except for those exceptional circumstances, the validity of foreign choice of jurisdiction and choice of law claus - es is widely accepted both by Brazilian legal authori - ties and case law, ensuring legal safety in international commercial relations.

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