Chapter

Part II Country Reports, 5 Brazil

Marcelo Inglez de Souza, Fernanda de Gouvêa Leão and Cesar Rossi Machado

in Practitioner's Handbook on International Commercial Arbitration

Third edition

Published in print March 2019 | ISBN: 9780198784807
| DOI: https://dx.doi.org/10.1093/law/9780198784807.003.0005
Part II Country Reports, 5 Brazil

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This chapter provides an overview of the arbitration system of Brazil, first by tracing the history of the country’s arbitration law and then discussing the current status of the law. It also considers the distinction between national and international arbitration, the practice of arbitration in Brazil, and the jurisdiction of the arbitral tribunal. In particular, it considers the arbitration agreement itself (eg, arbitration clauses and submission agreements, law applicable to the interpretation of arbitration clauses), arbitrability (‘personal arbitrability’, ‘objective arbitrability’), and enforcement of an arbitration agreement within or by court proceedings. The chapter goes on to examine the constitution of the arbitral tribunal (eg, appointment of arbitrators, legal grounds, and procedure for challenging and replacing an arbitrator), general principles of arbitral procedure, deliberations and agreement on the arbitral award, and the question of liability of arbitrators. Finally, it explains the enforcement rules for national awards and foreign awards in Brazil.

Chapter.  49 pages.  25109 words. 

Subjects: Law

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