In the contemporary business scenario, where transactions and contracts have become increasingly complex and global, arbitration emerges as an effective alternative to traditional litigation. Although the judiciary remains the conventional avenue for dispute resolution, it is not always the most efficient or appropriate path for companies seeking to protect their [...]
Escalation clauses provide for the combination of extrajudicial dispute resolution methods, such as mediation, conciliation, and negotiation, prior to the adoption of arbitration or the initiation of judicial proceedings. They represent an important mechanism for accessing the so-called multi-door dispute resolution system, which enables the application of appropriate and alternative [...]
Traditionally, companies have turned to the Judiciary to resolve their contractual disputes. However, the growing complexity and overload of the courts have led them to seek alternative dispute resolution methods, with commercial arbitration being one of the most effective and popular options. Arbitration is a method of dispute resolution in [...]
In the era of technology, information, and constant legislative evolution, preventive law emerges as an indispensable strategy for both companies and individuals. But what exactly is preventive law, and why is it so important? Preventive law can be compared to preventive medicine: instead of treating symptoms after a disease appears, [...]
The NDA, short for Non-Disclosure Agreement, is an important legal document for companies across various industries, especially those dealing with confidential information. It serves as a contract that establishes which information exchanged between the involved parties must be kept CONFIDENTIAL. Some key benefits brought by this instrument include: Protects confidential [...]
Two years ago, my sister and I decided to take a trip to São Paulo to attend an event. The outward trip was a complete success; everything went according to plan, and we were able to make the most of the event. However, the return trip was a completely different [...]
Conflict resolution permeates our lives, from the personal to the professional sphere. Choosing the appropriate method to resolve a conflict can have a significant impact on time, cost and final result. In this brief article, we will generally explore the characteristics, advantages and disadvantages of self-compositional and heterocompositional conflict resolution methods. [...]
After some discussion regarding the arbitrator's duties of impartiality, independence and disclosure resulting from a clear intention to harm an institute that has contributed a lot to the resolution of conflicts, I thought it would be good to write a few words to recall important concepts behind this subject. There [...]
The duty of disclosure has been the subject of debate by many jurists, especially arbitration scholars, as a result of Bill No. 3,293/2021 (“PL”), which aims to amend the Brazilian Arbitration Law to, among others, “ discipline the arbitrator’s performance” and “ improve the duty of disclosure” . As a way of complementing the [...]
Many may think that the arbitrator does not have a relevant role in encouraging conciliation between the parties in arbitration. This is because, as it is a contentious procedure, generally preceded by an attempt at negotiation, conciliation or mediation, it could be inferred that there is no longer any hope for [...]
