Litigation and enforcement in Brazil: overview

Transcription

1 MULTI-JURISDICTIONAL GUIDE 2014/15 DISPUTE RESOLUTION Country Q&A Litigation and enforcement in Brazil: overview Rogério Carmona Bianco, Fábio Peixinho Gomes Corrêa and Maria Beatriz Rizzo Lilla, Huck, Otranto, Camargo Advogados global.practi calla w.com/ MAIN DISPUTE RESOLUTION METHODS 1. What are the main dispute resolution methods used in your jurisdiction to settle large commercial disputes? The most common method to solve large commercial disputes is litigation in state and federal courts. Litigation is governed by the principles set out in the Federal Constitution. It was originally uncertain whether the Arbitration Act (Federal Law n.º 9.307/1996) was constitutional. In 2001 the Brazilian Supreme Federal Tribunal (Supremo Tribunal Federal) (STF) held that the Arbitration Act was constitutional. Since then, this alternative dispute resolution (ADR) method has been widely used in large commercial disputes involving a Brazilian party (see Question 30). More recently, several companies have decided to submit some of their large commercial disputes to mediation (see Question 30). COURT LITIGATION Limitation periods 2. What limitation periods apply to bringing a claim and what triggers a limitation period? The Brazilian Civil Code and a number of federal laws provide for two types of limitation periods: Automatic expiration (decadência). Statute of limitations (prescrição). Generally, automatic expiration affects the party's substantive rights, and a statute of limitations affects the party's procedural rights, although there is some controversy over their definition. These limitation periods vary according to the subject matter of the claim, and can be up to a maximum of ten years (Article 205, Civil Code). These periods start running from the date that a claim becomes actionable. For example, if a party breaches a contract, these periods start running from the date of the breach, except for cases where the statute of limitations is postponed or suspended under Articles 197 to 204 of the Civil Code. Specific events defined in the Civil Code can interrupt the limitation periods, such as certain written notices stating claims and the party's intention to pursue them, including the filing of the claim itself or letters sent before the claim is filed. Court structure 3. What is the structure of the court where large commercial disputes are usually brought? Are certain types of dispute allocated to particular divisions of this court? Brazil is a federal system with parallel federal and state judiciaries. At first instance, cases are heard by the following: The lower federal courts, which have jurisdiction over the following categories of cases: - where the federal government has a relevant interest; - crimes involving federal property or services; - crimes involving international concerns; - disputes concerning Indian rights. The lower state courts, which deal with all other cases, including usually large commercial disputes, where the court is in charge of hearing all evidence and resolving the matter in dispute. In some states there are specialised courts. In Rio de Janeiro, there are lower state courts that specialise in commercial matters, as well as federal lower state courts that specialise in intellectual property. In São Paulo, on the other hand, there are lower state courts that specialise in bankruptcy. Appeals are heard by an appellate state or federal court, as applicable. On appeal, a panel of three judges of the federal and state court of appeals will perform a de novo review of the whole case, but will not be allowed to gather further evidence on its own. In São Paulo and in Rio de Janeiro, the state courts of appeals have panels dedicated to commercial matters. Brazil's highest courts are the two superior federal courts. Brazil's highest court is the Supreme Federal Tribunal (Supremo Tribunal Federal) (STF), which since 1988 has become primarily a constitutional court. Immediately below the STF is the Superior Tribunal of Justice (Superior Tribunal de Justiça) (STJ), which is normally the ultimate arbiter for non-constitutional issues of federal law. The STF and the STJ do not have panels specialised in commercial matters. The answers to the following questions relate to procedures that apply in the state and federal courts. In relation to appeals, see Question 20. Rights of audience 4. Which types of lawyers have rights of audience to conduct cases in courts where large commercial disputes are usually brought? What requirements must they meet? Can foreign lawyers conduct cases in these courts? Rights of audience/requirements Any person that holds a bachelor of law degree and is registered with the Brazilian Bar Association is allowed to represent a client before a state or federal court, the courts of appeals, the STJ and the STF (see Question 3). The Brazilian Bar Association does not make any distinction between the lawyers' rights of audience or requirements. Foreign lawyers Foreign lawyers can work in Brazil to issue opinions on matters involving foreign law, with the express authorisation of the This article was first published in the Dispute Resolution Multi-Jurisdictional Guide 2014/15 and is reproduced with the permission of the publisher, Thomson Reuters. The law is stated as at 1 June 2014.

2 Country Q&A Brazilian Bar Association (Provision n.º 91/2000 of the Federal Council of the Brazilian Bar Association). Foreign lawyers cannot conduct cases in Brazilian courts, even if assisted by Brazilian national lawyers or law firms. The only exception to this rule concerns Portuguese lawyers (Provision n.º 129/2008 for the Federal Council of the Brazilian Bar Association). These professional restrictions are widely discussed, but it is unclear whether the Federal Council of the Brazilian Bar Association will review its policy. FEES AND FUNDING 5. What legal fee structures can be used? Are fees fixed by law? In such cases, a third party will not have access to the case file unless it can successfully argue that the confidentiality does not apply to this request. Pre-action conduct 8. Does the court impose any rules on the parties in relation to pre-action conduct? If yes, are there penalties for failing to comply? Brazilian law does not contain, and the court does not impose, any rules on the parties in relation to pre-action conduct for large commercial cases. Main stages The Brazilian Bar Association allows lawyers to charge fees based on: Hourly rates. Contingency fees (that is, where the payment is dependent on whether the party is successful). Task-based billing. Although the Brazilian Bar Association provides a table of suggested legal fees, it is only intended as reference material for clients and lawyers. On large commercial cases, the most common legal fee structure is hourly rates. 6. How is litigation usually funded? Can third parties fund it? Is insurance available for litigation costs? Funding The parties must bear their respective litigation costs, except for those parties that apply for legal aid (Article 19, Brazilian Civil Procedure Code) (CPC). There is no specific provision regarding third party funding, but it may be subject to ethical evaluation by the Brazilian Bar Association. Insurance Insurance companies can offer to cover the parties' litigation costs, but this must always be made directly through the relevant party in the case as the court does not recognise insurers as being responsible for those costs. COURT PROCEEDINGS Confidentiality 7. Are court proceedings confidential or public? If public, are the proceedings or any information kept confidential in certain circumstances? The default rule is that court proceedings must be public. The judge can order confidentiality (Article 155, CPC): Whenever the case involves a public interest of secrecy (for example, trade secrets and know-how under Article 206 of the IP Law). In matters relating to marriage, divorce, parenthood and guardianship. 9. What are the main stages of typical court proceedings? Starting proceedings Judicial proceedings are deemed to start with the claimant filing a complaint with the court. The case is then assigned to a particular judge. The time limit for service of the summons is ten days (this can be extended to up to 90 days) (Article 219, CPC). If the claimant fails to promote the service of the summons (by not providing the necessary materials to the judge) within this time limit, the limitation period continues to run (see Question 2). However, the limitation period will not continue to run if the delay has been caused by the judicial system. Notice to the defendant and defence The defendant is given notice of the claim through a summons. This can be sent by registered mail, or delivered in person by a court officer, depending on the case and on the defendant (Article 221, CPC). If both means of summoning fail, the judge can order that the defendant be served through publication of the summons in the official press, followed by two publications in the local newspapers, if any. Once the defendant is served and the evidence of the service of process is enclosed in the case file, the defendant's time limit to present its defence starts running. Ordinarily, that time limit is 15 days, but it will vary according to: The defendant (for example, public attorneys). The type of proceedings. Whether there is more than one defendant and whether the defendants are represented by different lawyers. Subsequent stages In large commercial cases, ordinary proceedings can be divided into: Pleadings. Based on the parties' pleadings, the judge will determine the issues in dispute between the parties, and order the production of evidence. This stage can last from four to eight months. Evidence. The main methods of producing evidence are through court-appointed experts and oral hearings. This stage can last from six to 12 months. Decision-making. After closing the evidential stage, the judge is expected to issue his final judgment, based on the parties' arguments and the evidence produced. This stage can last from one to six months. The pleadings and decision-making stages follow fixed structures, but the evidence stage is supposed to be tailor-made for each case.

3 INTERIM REMEDIES 10. What actions can a party bring for a case to be dismissed before a full trial? On what grounds must such a claim be brought? What is the applicable procedure? The defendant may raise preliminary issues in its defence or in an application for early dismissal of the case. This dismissal can be either without examining the merits of the case, or denying the claim on its merits. Dismissal without examining the merits of the case A case can be dismissed if (Article 267, CPC): The judge summarily rejects the complaint. The parties' negligence causes the proceedings to stand still for over a year. The claimant fails to take the necessary steps in the proceedings, abandoning it for more than 30 days. The legal requirements to validly form and develop the proceedings were not met. The claim is barred from being brought, as there were previous proceedings on the same matter under, for example, estoppel, lis pendens or res judicata. The claim lacks the legal conditions for an action, that is, it is not legally possible, or the claimants lack an interest in the proceedings or have no standing to bring a claim. A binding arbitration agreement applies to the dispute (see Question 30). The claimant withdraws the claim. The claim originates from another person and is deemed to be legally non-transferrable. The claimant and the defendant are the same person. There is any other legal cause for dismissal. Dismissal on the merits The judge can give a judgment without holding a hearing or producing additional evidence if this results out of (Article 330, CPC): A failure by the defendant to present the defence. A matter that, from the face of the complaint and of the defence, involves: - only questions of law; or - facts for which there is no need to produce further evidence in a hearing. 11. Can a defendant apply for an order for the claimant to provide security for its costs? If yes, on what grounds? A claimant (either a Brazilian national or a foreigner) that resides outside of Brazil, or leaves Brazil while the claim is still pending, must generally either (Article 835, CPC): Post in his claim a bond that is sufficient to meet the legal costs and lawyers' fees of the other party. Have real estate in Brazil that secures the payment, usually between 10% and 20% of the amount in dispute. In the absence of such a bond or real estate, either the defendant or the judge can apply for the case to be dismissed without examining the merits (see Question 10). 12. What are the rules concerning interim injunctions granted before a full trial? Availability and grounds Parties can obtain interim injunctions at any time. A party seeking an interim injunction must demonstrate (Articles 273 and 461, CPC): Irreparable harm if relief is not granted. The likelihood of success on the merits. Interim injunctions are usually required to preserve the status quo. The most common interim injunctions available are: Restraining orders against individuals. Suspensions of legal effect of certain acts. Attachment orders to preserve assets. Prior notice/same-day Interim injunctions can be issued without prior notice and on the same day in urgent cases. This can be done where the matter is urgent and giving notice to the other party would cause harm. Mandatory injunctions Mandatory interim injunctions that require positive action by the other party can be issued without prior notice and on the same day in urgent cases. Mandatory interim injunctions tend to be more difficult to obtain, because they involve actions being taken that cannot be altered in the future. 13. What are the rules relating to interim attachment orders to preserve assets pending judgment or a final order (or equivalent)? Availability and grounds Attachment orders to preserve assets pending judgment are available, but can only be obtained if there is a: Real risk of asset dissipation that would jeopardise any subsequent judgment. Likelihood of success on the merits. Prior notice/same-day Interim injunctions can be issued without prior notice and on the same day in urgent cases. Main proceedings Any state or federal court can order attachment over property within any Brazilian state. Although interim measures in support of substantive proceedings pending in another country are available, there are only a few cases in which this kind of order has been granted. Preferential right or lien An attachment order imposes restrictions on transfers of the assets to which it relates. However, the order is considered to be procedural in nature, and not a preferential right or lien. Damages as a result The defendant can obtain damages if an attachment obtained by a claimant was applied for without proper grounds and damages were incurred as a result. Country Q&A

4 Country Q&A Security The court can require a guarantee, although it is not mandatory to do so. 14. Are any other interim remedies commonly available and obtained? There is no specific limitation on the nature of an interim remedy. Any final remedy (particularly if it is not irreversible) can be the subject of an interim order (see Question 15). FINAL REMEDIES 15. What remedies are available at the full trial stage? Are damages just compensatory or can they also be punitive? Several remedies are available at a full trial stage, for example: Damages. Declaratory judgment. Specific performance of a legal or contractual obligation. Contract termination or review. Punitive damages are not usually awarded, but can be awarded in limited circumstances by Brazilian courts, usually in connection with moral damages. EVIDENCE Disclosure 16. What documents must the parties disclose to the other parties and/or the court? Are there any detailed rules governing this procedure? The Brazilian system does not provide for full disclosure. However, a party can request the disclosure of documents on the following grounds (Article 356, CPC): To detail, as completely as possible, an object or document to be exhibited as evidence. To demonstrate the purpose of the envisaged evidence, setting out the facts that relate to that document or object. To indicate the grounds for the belief that the object or document is in the possession of the other party. The other party must be granted five days to respond (Article 357, CPC). If the other party remains silent, the facts stated by the applicant are presumed to be true and correct. If a party refuses to comply with the exhibition order without an acceptable reason, a searchand-seizure order may be issued. A third party may also be summoned to produce the relevant object or document under certain circumstances. Privileged documents Disclosure breaches a duty of honour or brings dishonour to the party, based on the principle against self-incrimination (nemo tenetur edere contra se). Disclosure causes publicity for facts that are professionally confidential. There are other justified reasons, which the court will consider under its discretion. Documents written by in-house lawyers are usually considered to be confidential. Other non-disclosure situations See above, Privileged documents. Examination of witnesses 18. Do witnesses of fact give oral evidence or do they just submit written evidence? Is there a right to cross-examine witnesses of fact? Oral evidence Witnesses of fact must give oral evidence before the court (Article 410, CPC). Right to cross-examine The parties have the right to cross-examine witnesses of fact, but all questions must be previously approved by and directly asked by the judge (Articles 413 and 416, CPC). Third party experts 19. What are the rules in relation to third party experts? Appointment procedure The court appoints its own experts. The parties are allowed to retain their own experts, who can offer their opinions in court if this is authorised by the judge. Role of experts The court-appointed expert must provide independent opinions, and can be challenged by a party if he fails to fulfil this duty impartially. Party-appointed experts are not required to be legally independent, but this may affect the credibility of their opinions (Articles 422 and 423, CPC). Right of reply The expert opinion should usually be in writing, however, any party can still request the presence of the expert at the hearing. In that case, however, all questions should be previously approved by and directly asked by the judge. Fees Each party pays the costs of its experts. The claimant pays the court expert fees initially, unless the defendant alone requested the expert opinion. In the final award, the losing party reimburses all paid expenses of the court expert. APPEALS 17. Are any documents privileged? If privilege is not recognised, are there any other rules allowing a party not to disclose a document? 20. What are the rules concerning appeals of first instance judgments in large commercial disputes? Privileged documents A party must refuse to disclose a document if (Article 363, CPC): It relates to the party's private life. Which courts At state level, appeals can be directed to the appropriate state court of appeal, and at federal level to the appropriate federal court of appeal. A panel of three judges will perform a de novo

5 review of the whole case on appeal, either at state or federal level. In addition, it may be possible to directly challenge the decision of the appeal court, on specific grounds, directly to the STF and STJ (see Question 3). Grounds for appeal There is no limitation on the grounds for appeal at the state and federal court of appeals. The party, however, cannot present any new claims at this stage of the proceedings. Time limit The time limit to file an appeal is 15 days after the publication of the first instance court's judgment. CLASS ACTIONS 21. Are there any mechanisms available for collective redress or class actions? The first statute dealing with class actions in Brazil, Federal Law n.º 7.347/1985, was enacted in This was later altered and revised in certain respects by the Brazilian Consumer Code (Federal Law n.º 8.078/1990). The class action system does not generally relate to large commercial disputes, but in relation to actions brought to protect the: Environment. Consumers. Rights of artistic, aesthetic, historic, touristic and landscape value. Diffuse (usually related to the environment and consumers) and collective rights. Economic and urban orders against infringement. Only a limited number of institutions are allowed to bring a class action on behalf of a group interest, such as: Public attorneys. The office of the attorney-general. States, municipalities, and the federal district. Specific non-governmental associations. COSTS 22. Does the unsuccessful party have to pay the successful party's costs and how does the court usually calculate any costs award? What factors does the court consider when awarding costs? The losing party is usually ordered to reimburse the opposing party's expenses, court costs and attorney's fees (Article 20, CPC). When awarding attorney's fees, the judge will consider the: Length of the proceedings. Nature of the claim. Level of professional care. Place where the service was performed. Work provided by the lawyers. Attorney's fees will be fixed at between 10% and 20% of the total amount of the judgment, although they may be fixed at a lower rate in certain situations (for example, when the claim is dismissed). 23. Is interest awarded on costs? If yes, how is it calculated? Interest is awarded on costs. It is usually calculated at the basis of 1% per month or SELIC (Special System for Settlement and Custody). SELIC is the central depository of securities issued by the National Treasury and the Brazilian Central Bank. ENFORCEMENT OF A LOCAL JUDGMENT 24. What are the procedures to enforce a local judgment in the local courts? Local judgments are automatically enforceable before domestic courts, giving the interested party a right to begin the enforcement of the judgment as soon as the decision becomes definitive. The enforcement procedure is simple. Once the judgment becomes final and binding, and upon request of the interested party, the court notifies the debtor to comply with the award, usually in a maximum period of 15 days. If the debtor fails to do so, the lower court state judge may seize assets or impose additional fines, among other measures, to secure the enforcement of the award. CROSS-BORDER LITIGATION 25. Do local courts respect the choice of governing law in a contract? If yes, are there any areas of law in your jurisdiction that apply to the contract despite the choice of law? In general, parties are free to choose the governing law in a contract and local courts tend to respect such provisions, provided that they do not breach Brazilian sovereignty, public order or core principles of law. The provisions contained in Federal Decree n.º 4.657/1942 (Rules of the Civil Code) are guidelines to the limits imposed on the parties' freedom of choice in this area. The parties can choose the governing law of arbitration (Article 11, Federal Law n.º 9.307/96). 26. Do local courts respect the choice of jurisdiction in a contract? Do local courts claim jurisdiction over a dispute in some circumstances, despite the choice of jurisdiction? Local courts have mandatory jurisdiction over the following disputes, regardless of a choice of jurisdiction in a contract (Article 89, CPC): Disputes concerning real property located in Brazil. Inventory of property transmitted through inheritance, if the assets which compose the inheritance are in Brazilian territory. Local courts will not deny jurisdiction, despite the choice of jurisdiction, when the (Article 88, CPC): Defendant is located in Brazil. Obligations under the contract must be performed in Brazil. Action arises from an act that occurred or which takes place in Brazil. It is noteworthy that the filing of a claim before a foreign authority does not prevent a Brazilian court from having a trial over the same dispute (Article 90, CPC). However, Brazilian courts usually respect the choice of jurisdiction in arbitral proceedings. Country Q&A

6 Country Q&A 27. If a foreign party obtains permission from its local courts to serve proceedings on a party in your jurisdiction, what is the procedure to effect service in your jurisdiction? Is your jurisdiction party to any international agreements affecting this process? The procedure to enforce a foreign award is always the same, regardless of the country where the award was given. Brazil has not entered into any agreements concerning reciprocal enforcement of judgments. ALTERNATIVE DISPUTE RESOLUTION The service of proceedings from a foreign party on a party in Brazil is effected by means of a rogatory letter or letter of request. The procedure is set out in the: Inter-American Convention and Additional Protocol on Letters Rogatory. Superior Court of Justice Resolution n.º 9. Under these statutes, the foreign party must send a formal request for service of process to the Brazilian Ministry of Justice, which forwards it to the STJ. The STJ will then serve proceedings, either by: Registered mail. Personal service by court officers. The served party will then have 15 days to present any objection it may have regarding the validity of the service and of the rogatory letter (for example, it does not comply with the rules regarding Brazilian sovereignty or international public order). If the objections are deemed to be well-grounded, the STJ will return the rogatory letter to its original jurisdiction without compliance. Otherwise, the STJ will officially recognise the rogatory letter, granting the required (exequatur), and return the letter to its original jurisdiction so that the original proceedings may continue. 28. What is the procedure to take evidence from a witness in your jurisdiction for use in proceedings in another jurisdiction? Is your jurisdiction party to an international convention on this issue? The taking of evidence from a witness in Brazil for use in proceedings in another jurisdiction must be effected by means of a rogatory letter (see Question 27). Aside from the Inter-American Convention and Additional Protocol on Letters Rogatory, which provides the rules concerning rogatory letters, Brazil is also a contracting state to the Havana Convention on Private International Law (Bustamante Code). This Convention also provides for rules concerning the taking of evidence outside the original jurisdiction of the proceedings, between the contracting states, which include Brazil, the US, and Mexico, among other American nations. Enforcement of a foreign judgment 29. What are the procedures to enforce a foreign judgment in the local courts? 30. What are the main alternative dispute resolution (ADR) methods used in your jurisdiction to settle large commercial disputes? Is ADR used more in certain industries? What proportion of large commercial disputes is settled through ADR? The most commonly used ADR method to settle large commercial disputes is arbitration. Arbitration is more frequently used in the construction and infrastructure industries, but it has been increasingly used in contractual disputes of every type. The majority of large commercial disputes are settled through arbitration, although the use of mediation has significantly increased over the last few years. 31. Does ADR form part of court procedures or does it only apply if the parties agree? Can courts compel the use of ADR? ADR can form part of court procedures in the form of judicial conciliation, which may be suggested and encouraged by superior court and lower court judges. In attempting the conciliation of the parties, state judges may designate hearings and encourage the parties to enter into an agreement, which will then be confirmed through a final award. Mediation and arbitration, on the other hand, do not form part of Brazilian court procedures and only apply if the parties have expressly agreed on their use. Courts cannot compel their use. 32. How is evidence given in ADR? Can documents produced or admissions made during (or for the purposes of) the ADR later be protected from disclosure by privilege? Is ADR confidential? Confidentiality is not expressly set out in any statute. However, confidentiality provisions are commonly included in arbitration and mediation agreements. The rules of the main ADR institutions in Brazil, for example, contain a duty of confidentiality that applies to both the parties and the arbitrators (see Question 34). However, judicial proceedings to enforce an arbitral award or decision given in mediation are not, as a rule, confidential, as judicial proceedings are not generally held in private. In those circumstances, therefore, evidence produced in arbitration or mediation may be disclosed. In addition, judicial conciliation is not generally covered by confidentiality, and evidence produced during conciliation is not protected from disclosure. Foreign awards are not automatically enforceable before local courts, and will only become enforceable after undergoing a procedure of confirmation (or homologation) of judgment, under which the STJ considers whether the judgment: Is valid. Conforms with national public order. An award that is considered to be contrary to Brazilian core legal principles will not be recognised and enforced in Brazil. However, there have been very few cases in which the STJ did not confirm the judgment, and over the last several years, the trend has been to enforce foreign awards as they were given, with very few exceptions. 33. How are costs dealt with in ADR? The arbitral award decides on the responsibility of the parties for the costs and expenses of the arbitration proceedings (Article 27, Arbitration Act). The arbitral tribunal is free to decide on this matter, on the basis of the provisions of the arbitration agreement (if any) or the rules of the arbitration institution chosen by the parties. In a similar way, in mediation the mediator is free to determine and allocate the costs, on the basis of applicable contractual provisions, or the rules of the ADR body elected by the parties to administer the mediation.

7 34. What are the main bodies that offer ADR services in your jurisdiction? The main bodies that offer ADR services in Brazil are the: Câmara de Comércio Brasil-Canadá (CCBC) (W (E Arbitration Center for the American Chamber in São Paulo (AMCHAM) (W (E Câmara de Mediação e Arbitragem de São Paulo (CIESP) (W (E cmasp@ciesp.org). Câmara FGV de Conciliação e Arbitragem (Fundação Getúlio Vargas) (FGV) (W (E camara@fgv.br). All of these institutions have rules that provide the parties with considerable freedom in choosing: The place and language of the proceedings. Applicable law. They do not require that the arbitrator or mediator be selected from their list of affiliated members. For proceedings conducted before such institutions, the fees are calculated taking into account both the amount in dispute and the time spent by the arbitrators to hear the case. Additional information is available on their websites (see above). PROPOSALS FOR REFORM 35. Are there any proposals for dispute resolution reform? If yes, when are they likely to come into force? The Brazilian Congress is discussing Bill n.º 2.937/2011, which proposes alterations in the Arbitration Act, particularly concerning the: Arbitrability of certain disputes. Grounds for claiming the nullity of an arbitral award. Although the Bill is new and has not yet been definitely analysed by the Congress, it is questionable whether it will come into force, as it will involve an increase in judicial intervention in arbitration proceedings, which the legal community may not accept. In addition, the Brazilian Congress is also discussing a proposed new Civil Procedure Code, which will modify the current CPC, aiming to promote more efficiency in proceedings and less delay in the issuing of the awards. This proposal has been widely discussed among the academic community and many changes have been implemented from the original version. At the moment, a specific commission appointed by the House of Representatives has presented a new proposal. Therefore, it is not possible to estimate when it will come into force. Country Q&A

8 Country Q&A ONLINE RESOURCES Planalto, Presidência da República W Senado Federal W Câmara dos Deputados W Superior Tribunal de Justiça (STJ) W Supremo Tribunal Federal W Tribunal de Justiça de São Paulo W Câmara de Comércio Brasil-Canadá W Description. Official and up-to-date website maintained by the arbitral institution itself. Arbitration Center for the American Chamber in São Paulo (AMCHAM) W Description. Official and up-to-date website maintained by the arbitral institution itself. Câmara de Mediação e Arbitragem de São Paulo (CIESP) W Description. Official and up-to-date website maintained by the arbitral institution itself. Câmara FGV de Conciliação e Arbitragem (Fundação Getúlio Vargas) W

9 Practical Law Contributor profiles Country Q&A Rogério Carmona Bianco Lilla, Huck, Otranto, Camargo Advogados T F E rogerio.bianco@lhm.com.br W Fábio Peixinho Gomes Corrêa Lilla, Huck, Otranto, Camargo Advogados T F E fabio.peixinho@lhm.com.br W Professional qualifications. Brazil, 1997 Areas of practice. Arbitration; litigation. Non-professional qualifications. LLM With Honors, Northwestern University School of Law (Chicago, 2009); Post-Graduation on Valuation, Fundação Instituto de Administração (2011). Languages. Portuguese (native), English (fluent), French (good understanding and basic conversation ability), Italian (good understanding and basic conversation ability), Spanish (good understanding) Professional associations/memberships. International Council for Commercial Arbitration (ICCA), Brazilian Arbitration Committee (CBAR) and São Paulo Attorneys Association (AASP). Publications: The Foreign Judgment: Review of the Brazilian Model, ICSID: An Empirical Research on the Voting Behaviour of Arbitrators, Litigation & Dispute Resolution: Brazil as seat for arbitration: why not?, Arbitration In Complex Financial Instruments And Guarantees In Brazil, The Fifa World Cup, the Olympics and arbitration in Brazil, The Future of Court-Assisted Reorganization in Regulated Sectors of the Brazilian Economy, Professional qualifications. Brazil, 2000 Areas of practice. Arbitration; litigation. Non-professional qualifications. Master's Degree in Civil Procedure, USP, 2004; Doctorate's Degree in Civil Procedure, USP, 2008; LLM in American Legal Studies, Regent University, 2008 Languages. Portuguese (native), English (fluent), Italian (working knowledge), French (working knowledge), Spanish (working knowledge) Professional associations/memberships. International Council for Commercial Arbitration (ICCA), Brazilian Arbitration Committee (CBAR), Brazilian Institute of Procedural Law (IBDP) and São Paulo Attorneys' Association (AASP). Publications Objeto Litigioso no Processo Civil, The presentation of evidence in international commercial arbitration: bridging gaps between evidentiary rules and free evaluation of evidence, Arbitration In Complex Financial Instruments And Guarantees In Brazil, Governança Judicial, 2012.

10 Country Q&A Maria Beatriz Rizzo Lilla, Huck, Otranto, Camargo Advogados T F E maria.rizzo@lhm.com.br W Professional qualifications. Brazil, 2010 Areas of practice. Arbitration; litigation. Non-professional qualifications. Graduated in Law, USP, 2010; Master of Laws candidate in Private Law, USP, 2013 Languages. Portuguese, English, French Professional associations/memberships. São Paulo Attorneys' Association (AASP) and Brazilian Association of Students on Arbitration (ABEARB). Publications Litigation & Dispute Resolution: Brazil as seat for arbitration: why not?, The Future of Court-Assisted Reorganization in Regulated Sectors of the Brazilian Economy, 2013.