It is common for managers and entrepreneurs to wonder whether an arbitration clause should be included in all contracts. In practice, the answer depends on the characteristics of each transaction and the risks involved. Although both paths are legally valid, there are relevant differences that may impact how potential disputes [...]

Have you ever heard of a “blank arbitration clause”? On paper, it may seem harmless: the parties simply agree that “any disputes shall be resolved by arbitration.” The problem? It fails to specify how. Unlike a full arbitration clause, which designates an arbitral institution and clearly defines the rules governing [...]

Once the contract is signed and the project is underway, a clause that was meant to protect the business may end up becoming one of the main bottlenecks in the relationship. In the infrastructure and construction sectors, arbitration is often an attractive alternative when technical expertise and speed in dispute [...]

The International Chamber of Commerce (ICC) has recently published three relevant documents regarding the application of its Expedited Procedure Provisions (EPP), which have now completed eight years in force since their entry into effect on March 1, 2017. One of them is the “ICC Report: Expedited Procedure Provisions – Eight [...]

On February 26, 2026, our partner Danielle Farah Ziade moderated a conversation with Humberto Pires Terra Filho and Juliana Salvador on Conflict Governance: how corporate culture shapes dispute strategy, promoted by Canal Arbitragem. The main points discussed during the conversation included: “Culture does not only affect how you deal with [...]

For small and medium-sized enterprises (SMEs), a contractual dispute is rarely “just another problem.” In practice, it can mean compromised cash flow, energy diverted from operations, and months, if not years, of uncertainty. Unlike large corporations, which can sustain lengthy judicial disputes, SMEs often feel the impact within the first [...]

In the construction industry, a contract is often the result of lengthy negotiations, with clauses discussed line by line. Even so, the challenge, more often than not, lies in what happens after it is signed. In many projects, the contract becomes a “drawer document” and is only revisited when a [...]

Approximately ten years ago, our partner Danielle Farah Ziade submitted a proposed interpretative statement regarding the Arbitration Act, which was ultimately approved at the First Conference on Prevention and Extrajudicial Dispute Resolution of the Federal Justice Council (CJF): “10. A request for a declaration of nullity of an arbitral award [...]

The perception that arbitration is an expensive method remains common in the business community. In general, this view arises from a comparison limited to the direct costs of the proceedings: institutional fees, arbitrators’ fees, expert costs, logistics, and technical advisory expenses. When this assessment is made in isolation, particularly in [...]

In construction contracts, risk is not the exception, it is part of the project’s very dynamics. What usually distinguishes a project conducted with predictability from one marked by delays, claims, and disputes is not the absence of risk, but how those risks were identified, assessed, and allocated from the outset. [...]