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. [...]
In highly complex sectors such as engineering, infrastructure, mining, and energy, risk is embedded in the very structure of the business. Political uncertainty, economic volatility, regulatory pressure, and increasing judicialization directly affect contract performance. When these factors are neither anticipated nor addressed in an integrated manner, the outcome tends to [...]
The study “Arbitration in Numbers I 2025 Survey”, conducted by Prof. Selma Ferreira Lemes since 2005 with the technical assistance of Vera Cecília Monteiro de Barros and Bruno Hellmeister Lico Canal, and co-organized by Canal Arbitragem, consolidates data from 2023 and 2024 and provides an updated overview of institutional arbitration [...]
In sectors such as construction, time is not merely a scheduling variable; it is directly related to cost, risk, and strategic decision-making. A dispute that drags on for years in the judiciary can compromise a company’s cash flow, affect the continuity of the project, strain commercial relationships, and increase uncertainties [...]
In complex business contracts, especially in the construction sector, conflict rarely arises as an isolated event. It usually stems from small frictions: a technical disagreement, misaligned expectations, an adjustment made under schedule pressure. When there is no clear path to address these issues, the next almost automatic step is litigation, [...]
After discussing party autonomy and the possibility of choosing specialized arbitrators, we arrive at another element highly valued in business practice: confidentiality. Although the Arbitration Act does not automatically impose confidentiality, it is very common for the arbitration agreement or the rules of the arbitral institution chosen by the parties [...]
A service agreement is essentially a contract for activity [1]. You hire someone to perform a service, and the focus is on the activity and its continuity, not on the delivery of a specific “result” as such. This model is suitable when what is sought is the mere performance of [...]
