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Author: André Abbud
Publisher: Kluwer Law International B.V.
ISBN: 9403506725
Category : Law
Languages : en
Pages : 188
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Book Description
Brazil has risen to extraordinary prominence as an arbitration seat, and Brazilian law in matters of domestic and international arbitration has been watched all over the world due to its arbitration-friendly legislation and cutting-edge case law. This is the first book to fully recognize and elucidate this phenomenon with a detailed article-by-article examination, in English, of decisions of the Brazilian Supreme Court (STF) and the Brazilian Superior Court of Justice (STJ) on each of the Brazilian Arbitration Act’s (BAA) provisions. More than two hundred judicial decisions are directly quoted. In-depth annotation of the text of each article includes the following: a short descriptive summary of how the article is interpreted by case law and doctrine; a thorough report of decisions of the Brazilian superior courts since the 1996 enactment of the BAA referring to that article, presenting not only the majority view but also dissenting opinions; and a list of authorities interpreting each article and its relevant case law. All decisions that could represent current case law on arbitration are considered. Nearly half of the quoted decisions have direct impact on international arbitration, and many deal with enforcement of arbitral awards. Therefore, the book will attract not only Brazilian practitioners but will be particularly useful to international counsel and arbitrators dealing with Brazilian parties or cases with a Brazilian element. The only book of its kind, it will prove indispensable for arbitration scholars and law libraries. “By providing a careful and comprehensive compilation of Brazilian case law on arbitration, with a particular focus on the Superior Court of Justice’s leading precedents, this volume makes a valuable contribution to the continued development of arbitration in Brazil and elsewhere. While it will no doubt be of great use to the Brazilian bar, it is a particularly useful reference for the non-Brazilian practitioner and scholar, who do not have ready access to Brazilian court decisions or, in many cases, even knowledge of the Portuguese language”. From the foreword by Donald Francis Donovan
Author: André Abbud
Publisher: Kluwer Law International B.V.
ISBN: 9403506725
Category : Law
Languages : en
Pages : 188
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Book Description
Brazil has risen to extraordinary prominence as an arbitration seat, and Brazilian law in matters of domestic and international arbitration has been watched all over the world due to its arbitration-friendly legislation and cutting-edge case law. This is the first book to fully recognize and elucidate this phenomenon with a detailed article-by-article examination, in English, of decisions of the Brazilian Supreme Court (STF) and the Brazilian Superior Court of Justice (STJ) on each of the Brazilian Arbitration Act’s (BAA) provisions. More than two hundred judicial decisions are directly quoted. In-depth annotation of the text of each article includes the following: a short descriptive summary of how the article is interpreted by case law and doctrine; a thorough report of decisions of the Brazilian superior courts since the 1996 enactment of the BAA referring to that article, presenting not only the majority view but also dissenting opinions; and a list of authorities interpreting each article and its relevant case law. All decisions that could represent current case law on arbitration are considered. Nearly half of the quoted decisions have direct impact on international arbitration, and many deal with enforcement of arbitral awards. Therefore, the book will attract not only Brazilian practitioners but will be particularly useful to international counsel and arbitrators dealing with Brazilian parties or cases with a Brazilian element. The only book of its kind, it will prove indispensable for arbitration scholars and law libraries. “By providing a careful and comprehensive compilation of Brazilian case law on arbitration, with a particular focus on the Superior Court of Justice’s leading precedents, this volume makes a valuable contribution to the continued development of arbitration in Brazil and elsewhere. While it will no doubt be of great use to the Brazilian bar, it is a particularly useful reference for the non-Brazilian practitioner and scholar, who do not have ready access to Brazilian court decisions or, in many cases, even knowledge of the Portuguese language”. From the foreword by Donald Francis Donovan
Author: Mario Rotondi
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 502
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Book Description
Author: André Pereira da Fonseca,
Publisher: Kluwer Law International B.V.
ISBN: 9403506431
Category : Law
Languages : en
Pages : 698
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Book Description
Parties to cross-border disputes arising anywhere in the vast Portuguese-speaking world – a community of more than 230 million in a space that offers a wide array of investment opportunities across four continents – increasingly seek Portugal as their preferred seat of arbitration. A signatory to all relevant international conventions, Portugal has proven to be an ‘arbitration-friendly’ jurisdiction. This volume is the first and so far only book in English that provides a thorough, in-depth analysis of international arbitration law and practice in Portugal. Its contributing authors are among the most highly regarded legal names in the country, including scholars, arbitrators, and practitioners. The authors describe how international arbitration proceedings are conducted in Portugal, what cautions should be taken, and what procedural strategies may be suitable in particular cases. They provide insightful answers to questions such as the following: What matters can be submitted to arbitration under Portuguese law? What are the validity requirements for an arbitration agreement? How do the State courts interact with arbitration proceedings and what is the attitude of such courts toward international arbitration? What are the rules governing evidentiary matters in arbitration? How is an arbitration tribunal constituted? How are arbitrators appointed? How may they be challenged? How can an international arbitral award be recognized and enforced? How does the Portuguese legal system address the issue of damages and what specific damages are admitted? How are the costs of arbitration proceedings estimated and allocated? The book includes analyses of arbitration related to specific fields of the law, notably sports, administrative, tax, intellectual property rights (especially regarding reference and generic medicines), and corporate disputes. Each chapter provides, for the topics it addresses, an examination of the applicable laws, rules, arbitration practice, and views taken by arbitral tribunals and state courts as well as those of the most highly considered scholars. As a detailed examination of the legal framework and of all procedural steps of an arbitration in Portugal, from the drafting of an arbitration agreement to the enforcement of an award, this book constitutes an invaluable resource for parties involved in or considering an international arbitration in this country. The guidance that it seeks to provide in respect of any problem likely to arise in this context can be useful to arbitrators, judges, academics, and interested lawyers.
Author: Lise Bosman
Publisher: Kluwer Law International B.V.
ISBN: 9403537612
Category : Law
Languages : en
Pages : 693
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Book Description
The Second Edition of this unprecedented volume assembles an updated and expanded country-by-country analysis – both practical and insightful – of how arbitration is conducted in forty-nine African countries, providing essential information about legislative provisions, treaty adherence, and arbitral procedure. Contributors include sought-after African arbitrators, distinguished practitioners, academics and institution-builders, all of whom are active in promoting the use of arbitration as a viable means of dispute resolution in Africa. Five sections representing the main regions of the continent, each with a substantive introductory chapter covering the major trends within that region, offer country overviews addressing issues such as the following: adherence to the key arbitration conventions; modernity of a State’s arbitration legislation and its compatibility with the UNCITRAL Model Law; particular features of arbitral practice in that jurisdiction (including responses to the COVID-19 pandemic); access to and (where available) statistics from local and regional arbitral institutions; significant arbitration-related national case law; and enforcement of foreign arbitral awards. A sixth section focuses on treaty-based investor-State arbitration against African States under the ICSID Convention, providing an empirical analysis of the experience and record of African States with investor-State arbitration in the period between 2010 and 2020. Useful tables and graphics of intra-African bilateral investment treaties, a list of ICSID proceedings involving African States, a list of treaty accession by African States, and other tabular features round out the volume. The first edition of this volume was welcomed by arbitration practitioners and legal academics everywhere as an essential guide to an emerging and important area of international arbitration practice. This second edition tracks the significant developments (in treaty accession, reform of arbitration legislation and developing case law) that have taken place over the past decade, and confirms that arbitration as a preferred method of dispute resolution is now firmly entrenched on the African continent.
Author: Joaquim T. de Paiva Muniz
Publisher: Juris Publishing, Inc.
ISBN: 1929446985
Category : Law
Languages : en
Pages : 678
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Book Description
"Arbitration Law of Brazil: Practice and Procedure is a timely contribution to the development of commercial arbitration in Brazil, as it provides international practitioners and arbitrators with a useful reference tool to understand the Brazilian arbitral framework. Without sacrificing scholarly rigor, it provides a clear commentary on Brazilian arbitration legislation from a practical perspective, addressing the most relevant points in a direct and instructive manner, so that even someone unfamiliar with Brazilian law can comprehend all issues. This work reflects the experience of the authors, who are among the most prominent arbitration practitioners in Brazil. Both authors have long been committed to the development of arbitration, through teaching classes, organizing seminars and writing articles, not to mention their work on the Arbitration Committee of the Rio de Janeiro State Chapter of the Brazilian Bar Association, the first institution in Brazil to help develop and improve alternative dispute resolution mechanisms. Besides the authors' work, this book also contains in its appendices articles from other leading Brazilian scholars analyzing relevant issues in connection with arbitration in Brazil. This provides an enlightening combination of practical background and academic debate."--Publisher's website.
Author: Silvia Fazio
Publisher: Kluwer Law International B.V.
ISBN: 904116829X
Category : Law
Languages : en
Pages : 980
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Book Description
Brazil's power to attract international investors has become irresistible. Large-scale economic development, massive infrastructure projects, substantial agribusiness and commodities markets, and newly discovered oil and natural gas resources-combined with improvements in social standards and a consolidation of democratic institutions-have spearheaded the emergence of Brazil as a formidable global economy challenging the developed nations. This is the first book in English to provide a detailed guide to the ways into and around the Brazilian economy. Thirty seven leading Brazilian practitioners describe and interpret laws and regulations governing business set-up procedures, transactions, contracts, financing, taxation, securities, intellectual property, real estate, dispute resolution, environmental protection, labor, insolvency, competition, trade remedies, anti-corruption, private funds and insurance. They explore every issue likely to be important to investors, including the following: • competition, mergers and acquisitions, joint ventures; • contractual clauses, statutory requirements on specific agreements; • tax incentives available for infrastructure projects; • listing and offering requirements in capital and securities markets; • licensing, franchising, and other intellectual property agreements; • civil proceedings, arbitration, and the mechanisms of dispute resolution; • the structure of the Brazilian judiciary system; • rules on conflicts of law and competence of jurisdiction; • real property acquisition and development; • environmental liabilities; • forms of employment and employment contracts; • insolvency and bankruptcy proceedings; • trade remedy system; • anti-corruption legislation; • private equity, venture capital and investment funds; and • insurance and re-insurance. Taking the point of view of a commercial lawyer required to draft and negotiate agreements governed by Brazilian law, each author contributes particular expertise to this incomparable resource for potential and actual investors in Brazil and their counsel. Thoroughly up-to-date in its exploration and understanding of the legal transformations that are taking place in Brazil, this book will be invaluable to corporate lawyers, investors, academics, and policymakers interested in Brazil's role in the global economy.
Author: Jean-Claude Goldsmith
Publisher: Kluwer Law International B.V.
ISBN: 904113414X
Category : Law
Languages : en
Pages : 690
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Book Description
Whether the andAand stands for andappropriateand, andamicableand, or andalternativeand, all out of court dispute resolution modes, collected under the banner term andADRand, aim to assist the business world in overcoming relational differences in a truly manageable way. The first edition of this book (2006) contributed to a global awareness that ADR is important in its own right, and not simply as a substitute for litigation or arbitration. Now, drawing on a wealth of new sources and developments, including the flourishing of hybrid forms of ADR, the subject matter has been largely augmented and expanded on two fronts: in-depth analysis (both descriptive and comparative) of methodology, expectations and outcomes and extended geographical coverage across all continents. As a result, in this book twenty-nine andintertwined but variegatedand essays (to use the editorands characterization) provide substantial insight in such specific topics as: ADRands flexible procedures as controlled by the parties; ADRands facilitation of the continuation of relations between the parties; privilege and confidentiality; involvement of non-legal professionals; the identity and the role of the andneutraland as well as the role of the arbitrator; the implementation of ICC and other international ADR rules; the workings of Dispute Boards and the role of ADR in securing investment and other specific objectives. In its compound thesis and growing in relevance every day and that numerous dispute resolution methods exist whose goals and developments are varied but fundamentally complementary, the multifaceted approach presented here is of immeasurable value to any business party, particularly at the international level. Practitioners faced with drafting a dispute resolution clause in a contract, or dealing with a dispute that has arisen, will find expert guidance here, and academics will expand their awareness of the issues raised by ADR, in particular as it relates to arbitration. A broad cross section of interested professionals will discover ample material for comparative study of how disputes are approached and resolved in numerous countries and cultures.
Author: Henri La Fontaine
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041104540
Category : Law
Languages : en
Pages : 698
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Book Description
When the United Nations undertook the publication of the Reports of International Arbitral Awards, the 'Pasicrisie internationale' was identified as one of the rare truly general collections of international case law in existence. In fact, in deciding to publish the arbitration clauses and arbitral awards from 1794 to 1900, Henri La Fontaine was doing pioneering work, foreshadowing the famous Reports by half a century. As we near the end of the century, the 'Pasicrisie internationale' remains just as pertinent as it was when first published in 1902. This collection of arbitral awards, with its modest appearance, has certainly contributed more to the development of international arbitration case law than any number of lyrical speeches advocating peace through law. First edition printed in 1902 by Stämpfli, Bern. Lorsque l'Organisation des Nations Unies entreprit la publication de son Recueil des sentences arbitrales, elle identifia la Pasicrisie internationale comme constituant l'une des rares véritables collections générales de jurisprudence internationale préexistantes. De fait, en décidant de rassembler les clauses compromissoires et les sentences arbitrales de 1794 à1900, Henri La Fontaine avait fait oeuvre de pionnier et il préfigurait, avec un demi-siècle d'avance, le célèbre Recueil. En cette fin de siècle, la Pasicrisie internationale constitue donc un outil de travail toujours aussi actuel que lors de sa publication en 1902. Cette compilation de sentences arbitrales, d'apparence modeste, a certainement plus contribué au développement de la jurisprudence arbitrale internationale que bien des discours lyriques prônant la paix par le droit. Première édition imprimée en 1902 par Stämpfli, Berne.
Author: Stellina Jolly
Publisher: Bloomsbury Publishing
ISBN: 1509966153
Category : Law
Languages : en
Pages : 827
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Book Description
This book examines the convergences, divergences and reciprocal lessons that the BRICS countries (Brazil, Russia, India, China and South Africa) share with one another in developing the principles of private international law. The chapters provide a thematic understanding of the cornerstones of private international law in each of the BRICS countries: namely, (1) the procedure to initiate claims in civil and commercial matters, (2) the law that would govern such matters in litigation and arbitration, as well as (3) the mechanism to recognise and enforce foreign judgments and arbitral awards. Written by leading private international law scholars and practitioners, the chapters draw on domestic legislation and its interpretation through cases decided by the courts in each of these emerging economies, and explicitly cover the rules applicable in contractual and non-contractual concerns and issues of choice of court agreements. Issues around marriage, divorce, matrimonial property, succession and surrogacy are also addressed, considering the implication of such aspects through the increased movement of persons. The book is a useful comparative resource for the governments of the BRICS countries, legislators, traders, academics, researchers and students looking for an in-depth discussion of the reciprocal lessons that these countries may have to offer one another on these issues.
Author: Tiago Andreotti
Publisher: Bloomsbury Publishing
ISBN: 1509908471
Category : Law
Languages : en
Pages : 273
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Book Description
This book explores the transnational legal infrastructure for dispute resolution in transnational securities transactions. It discusses the role of law and dispute resolution in securities transactions, the types of disputes arising from them, and the institutional and legal aspects of dispute resolution, both generally and regarding aggregate litigation. It illustrates different dispute resolution systems and aggregate litigation methods, and examines the legal issues of dispute resolution arising from transnational securities transactions. In addition, the book proposes two systems of dispute resolution for transnational securities transactions depending on the type of dispute: collective redress through arbitration and a network of alternative dispute resolution systems.
