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Arbitration Law of Brazil: Practice and Procedure - Second Edition - Hardcover Edition
Arbitration Law of Brazil: Practice and Procedure - Second Edition - PDF eBook
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REFORM OF BRAZILIAN
ARBITRATION LAW
LAW NO. 13.129, OF 26 MAY 2015
Modifies Law 9.307, of 23 September 1996, and Law 6.404, of 15
December 1976, to broaden the scope of application of arbitration and
provide upon the choice of arbitrators when the parties resort to an
arbitral body, the interruption of prescription due to the commencement
of an arbitration, the granting of provisional and urgency measures in
arbitration cases, the arbitral letter and the arbitral award, and revokes
provisions of Law 9.307, of 23 September 1996.
THE VICE-PRESIDENT OF THE REPUBLIC, acting as PRESIDENT
OF THE REPUBLIC. Be it made known that, the National Congress
decrees and I sanction the following Law:
Art. 1st Articles 1st, 2nd, 4th, 13, 19, 23, 30, 32, 33, 35 and 39 of Law
9.307, of 23 September 1996, shall hereafter read as follows:
“Art. 1st ...............................................................................................
§ 1st State and state-owned entities may make use of arbitration in order
to resolve conflicts relating to patrimonial waivable rights.
§ 2nd In state entities, the authority or body competent to conclude an
arbitration agreement is the same as may enter into settlement or
termination agreements.” (omissis)
“Art. 2nd .............................................................................................
§ 3rd Arbitration involving public entities shall always be in law and
respect the publicity principle.” (omissis)
“Art. 4th ................................................................................................
§ 2nd (VETOED).
JOAQUIM T. DE PAIVA MUNIZ is a principal of Trench, Rossi & Watanabe Advogados firm associated with Baker & McKenzie International, a Swiss verein. Admitted to practice in Brazil and in the State of New York, he has a LL.M. from the University of Chicago Law School. He is the coordinator of the post-graduation course on arbitration at ESA/OAB-RJ (Superior School of Law of the Brazilian Bar Association -- Rio de Janeiro Chapter), Chairman of the Arbitration Commission of the Brazilian Bar, Rio de Janeiro Chapter (OAB/RJ), and Director of the Brazilian Arbitration and Mediation Chamber (CBMA). He is also the author of several books and articles on international arbitration and Brazilian corporate law.
ANA TEREZA PALHARES BASÍLIO is a principal of Basílio Advogados in Rio de Janeiro. She is admitted to practice in Brazil, a professor of Arbitration in the graduate courses of Fundação Getúlio Vargas (FGV), former president of the Arbitration Commission of the Brazilian Bar, Rio de Janeiro Chapter (OAB/RJ), Vice-President of the Brazilian Arbitration and Mediation Chamber (CBMA), and former judge of the Brazilian election tribunal in Rio de Janeiro (TRE-RJ). She is also the author of several articles on international arbitration and Brazilian civil law.
