International Arbitration: Law and Practice in Brazil

ISBN : 9780198840114

Peter Sester
672 ページ
171 x 246 mm

Since the enactment of the 1996 Brazilian Arbitration Law, Brazil has become one of the fastest growing arbitration markets in the world; currently ranking third in the top-ten list of countries with most parties involved in ICC Arbitrations.

When it comes to international contracts, and particularly within certain industries, arbitration has become the standard, and sometimes almost the only, means of dispute resolution. This book offers an in-depth commentary on the Brazilian substantive law and the case law arising from the 1996 Arbitration Act and examines the interrelationship with Brazilian commercial and corporate law as well as the domestic treatment of private international law in the Brazilian courts. It includes a detailed synopsis of the rules issued by the leading Brazilian arbitration institutions as well as key comparisons on fees, information of annulment proceedings, and the number of cases they hold.

International Arbitration: Law and Practice in Brazil has chapters covering the application of arbitration in various areas of practice, including labour law, oil, gas, and energy, construction, public procurement, stock and shareholder disputes, and capital market transactions. These are all areas where disputes require in-depth technical and specialist knowledge of law and practice in Brazil. The work also provides analysis of Brazil's approach to investment arbitration. The comprehensive and specialist treatment in this book will assist practitioners and academics with a practice or scholarly interest in understanding the legal framework for, and practice of, arbitration in Brazil. The work also includes an introduction which sets the historical and social context in which the Brazilian Arbitration Law emerged and developed.

International Arbitration: Law and Practice in Brazil benefits from an expert group of international contributors to ensure the domestic framework is assessed from the perspective of international arbitration standards and practice.


1 The Rise of Arbitration in Brazil
2 Comments of the Brazilian Arbitration Law
3 Consolidation of Arbitration by the Brazilian Courts: STF and STJ
4 Settlement Agreements and the Role of the Arbitral Tribunal
5 Characteristics of Brazilian Arbitration Practice
6 Conservatory and Interim Measures
7 Non-signatories
8 The Brazilian Arbitration Institutions
9 International versus National Awards
10 Arbitration in the Portuguese-speaking World
11 Project Finance, PPP, and Concession Agreements
12 Evidence Production and the Role of the Arbitrators
13 Agreements between Shareholders and General Corporate Matters
14 Stock Corporation Arbitration
15 Post M&A Arbitration
16 Commercial Contracts
17 Construction Contracts between Private Parties
18 Construction Contracts Involving the Public Administration
19 Insolvency and Arbitration
20 Labour Law Arbitration
21 Oil and Gas Arbitration
22 Electric Energy Arbitration


Peter Sester is the Lemann Professor for International Business Law and Law & Economics at the University of St Gallen. He is qualified to practice as a lawyer in Germany and Brazil, and previously spent 12 years as counsel at Freshfields in Frankfurt. He regularly sits as an arbitrator and has published extensively in German and English.