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The Brazilian Arbitration Act:  A Case Law Guide by ABBUD

The Brazilian Arbitration Act: A Case Law Guide

By André Abbud, Daniel Levy, Rafael Francisco Alves


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About this book:

The Brazilian Arbitration Act provides a careful and comprehensive compilation of Brazilian case law on arbitration, with a particular focus on the Superior Court of Justice’s leading precedents. Brazil has risen to extraordinary prominence as an arbitration seat, and Brazilian law in matters of domestic and international arbitration has been watched all over the world due to its arbitration-friendly legislation and cutting-edge case law. This is the first book to fully recognize and elucidate this phenomenon with a detailed article-by-article examination, in English, of all relevant decisions of the Brazilian Supreme Court and the Brazilian Superior Court of Justice on each of the Brazilian Arbitration Act’s (BAA) provisions. More than two hundred judicial decisions are directly quoted.

What’s in this book:

In-depth annotation of the text of each article includes the following:

  • a short descriptive summary of how the article is interpreted by case law and doctrine;
  • a thorough report of decisions of the Brazilian superior courts since the 1996 enactment of the BAA referring to that article, presenting not only the majority view but also dissenting opinions; and
  • a list of authorities interpreting each article and its relevant case law.

It is a practical guide on how Brazilian case law has developed in the past twenty years as one of the most important case laws worldwide, discussing complex questions related to both domestic and international arbitrations.

How this will help you:

All decisions that could represent current case law on arbitration are considered. Nearly half of the quoted decisions have a direct impact on international arbitration, and many deal with enforcement of arbitral awards. Therefore, the book will attract Brazilian practitioners as well as be of great interest to international counsel and arbitrators dealing with Brazilian parties or cases with a Brazilian element. One of its kind, this book will prove to be an indispensable source for arbitration scholars and law libraries. 

Publish Date 11/12/2019
Product Line Kluwer Law International
ISBN 9789403506715
SKU 10070454-0002
Table of Contents


Introductory Note by the Authors

List of Abbreviations

Art. 1 – Chapter I (General Arbitration)

Art. 2

Art. 3 – Chapter II (Arbitration Agreement)

Art. 4

Art. 5

Art. 6

Art. 7

Art. 8

Art. 9

Art. 10

Art. 11

Art. 12

Art. 13 – Chapter III (Arbitrators)

Art. 14

Art. 15

Art. 16

Art. 17

Art. 18

Art. 19 – Chapter IV (Arbitration Procedure)

Art. 20

Art. 21

Art. 22

Art. 22 – A – Chapter IV – A (Provisional Measures of Protection and Urgent Relief)

Art. 22 – B

Art. 22 – C – Chapter IV – B (Arbitration Letter)

Art. 23 – Chapter V (Arbitral Awards)

Art. 24

Art. 25

Art. 26

Art. 27

Art. 28

Art. 29

Art. 30

Art. 31

Art. 32

Art. 33

Art. 34 – Chapter VI (Recognition and Enforcement of Foreign Awards)

Art. 35

Art. 36

Art. 37

Art. 38

Art. 39

Art. 40

Art. 41

Art. 42

Art. 43

Art. 44

Consolidated List of Analyzed Decisions