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The main arbitration topics are corporate disputes and infrastructure

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发表于 2024-3-14 15:07:12 | 显示全部楼层 |阅读模式

In 2017, 455 arbitration proceedings related to Brazil were initiated. The main topics discussed in these arbitrations were corporate disputes and controversies linked to construction contracts or infrastructure projects.


This is what the 2017 Yearbook of Arbitration in Brazil points out, from the Center for the Study of Law Firms (Cesa). The survey was carried out based on data from 15 Brazilian institutions affiliated with the National Council of Mediation and Arbitration Institutions and one international institution.

In 2017, there were 919 ongoing B2B Lead arbitrations with elements of connection with Brazilian jurisdiction or involving Brazilian parties. The institution with the most procedures was the Arbitration and Mediation Center of the Brazil-Canada Chamber of Commerce (CAM-CCBC), with 299. Next came the International Court of Arbitration of the International Chamber of Commerce (CCI), with 115 processes, and the Chamber of Conciliation, Mediation and Arbitration of the Federation of Industries of the State of São Paulo (Ciesp), with 113.

Law 13,129/2015 amended the Arbitration Law (Law 9,307/1996) and allowed disputes involving public administration to be resolved through arbitration. Thus, 94 arbitrations involved the State in 2017.



Among the main arbitration topics, corporate disputes predominate in CAM-CCBC (34.2% of cases) and Ciesp (24.32%). Controversies linked to construction contracts or infrastructure projects are the target of the majority of disputes by the Business Mediation and Arbitration Chamber – Brazil (32% of cases) and the CCI (50.4%). At the Arbitration and Mediation Center of the American Chamber of Commerce (Amcham), what predominates are processes involving banking contracts and financial transactions, which account for 28.6% of the total. And procedures on contracts for the purchase and sale of goods or the supply of goods and services constitute 45% of the collection of the Brazilian Center for Mediation and Arbitration.


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