Arbitration in Brazil; Law and Practice

Brazil has rapidly occupied an important place in the world of arbitration. This is the only major work on arbitration in Brazil written for the foreign practitioner. This book contains a systematic study of the Brazilian Arbitration Act and other Brazilian Acts which regulate arbitration in Brazil, an analysis of Brazilian national court judgments and the real practice of arbitration in Brazil. The aim of this book is to make theoretical and practical analysis of arbitration in Brazil accessible to foreign arbitration practitioners. Table of Contents: I. Historical Background II. The Law Governing Arbitration in Brazil a. The Arbitration Act (Law 9.307/96) b. The International Conventions i. The Universal Conventions ii. The Regional Conventions 1. The Inter-American Conventions 2. The Mercosur Conventions c. The Conflict of Conventions and Brazilian Law III. The Arbitration Agreement a. The Arbitral Clause and the “Compromisso” b. The Validity i. Arbitrability ii. Form c. The Effects d. Arbitration and Public Entities e. The Application of the Law to an Arbitral Agreement signed before the Law IV. The Arbitral Tribunal a. The Arbitrator in Brazil b. The Constitution of the Arbitral Agreement V. The Arbitral Procedure a. Institutional or Ad Hoc Procedure b. The Applicable Rules to the Procedure c. Evidences VI. The Interim Measures VII. The Award a. The Conditions b. The Applicable Law to the Merit VIII. Challenge and Enforcement of a Domestic Award VIII. The Recognition and Enforcement of The Foreign Award