If, in the first text, we understood that the parties may “design” the procedure itself, we now move on to a direct consequence of that autonomy: the opportunity to select who will decide the dispute. This is one of the most widely recognized advantages of arbitration, as it allows the [...]
In the engineering and infrastructure ecosystem, the occurrence of claims is often a reality. The contract is signed, construction begins, and soon a deviation may arise—especially where records are poorly maintained or decisions are unclear. Claims consume time, damage reputation, and generate costs. However, they are not inevitable. With strategic [...]
The essence of arbitration lies in the parties’ freedom of choice, as it stems from the principle of party autonomy, given that the parties may decide how, by whom, and in what manner their disputes will be resolved. This principle can be seen as the “driving force” of arbitral proceedings, [...]
Imagine the following scenario: your company enters into a multimillion-dollar contract with a construction contractor to build a major development. The numbers look good, the schedule seems feasible, and the partners are experienced. Everything appears perfect. Until, months later, the project is halted because the contractor is being sued for [...]
What happens when an arbitration ends with a monetary award against the Public Administration? The question may seem simple, but it is precisely what determines the fate of millions in public contracts submitted to arbitration. In Brazil, Law No. 9,307/1996 (the Arbitration Act), as amended by Law No. 13,129/2015, expressly [...]
When legal excesses become a bottleneck There is one thing few people admit in the corporate world: sometimes, what holds a project back is not the client, the supplier, or the government. It is the company’s own internal bureaucracy. And yes, the legal department can be part of that equation. [...]
In recent years, the term ESG (Environmental, Social, and Governance) has ceased to be a mere trend and has become a prominent standard in the business world, as well as one of the decisive factors for competitiveness and investment attraction for companies of different sizes. ESG actions and strategies represent [...]
When we talk about construction projects, with their long timelines, multiple suppliers, cost variability, and the constant need for technical decisions, the choice of dispute resolution method is far from a mere detail. It can be decisive in terms of cash consumption, time, and a company’s reputation. You might think [...]
Law No. 13,129/2015, by amending the Brazilian Arbitration Act (Law No. 9,307/1996), marked a turning point: it expressly consolidated the possibility for the Public Administration, both direct and indirect, to resort to arbitration to resolve disputes involving disposable patrimonial rights. In doing so, it overcame the former controversy surrounding the [...]
As previously discussed, economic-financial rebalancing, as an instrument for preserving contracts and the very execution of public works, is a guarantee that the equation between obligations and remuneration remains fair and viable, even in the face of unforeseeable factors. The key question that arises is: how has this protection been [...]
