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Publications

ArbitralWomen members regularly publish articles in highly-regarded legal and ADR journals.

ArbitralWomen is also an Affiliate of Kluwer Arbitration Blog (KAB); all articles posted by ArbitralWomen Members on KAB under Affiliate are available under Publications.

A Brief Analysis of the Legal Background Surrounding Arbitration and the Enforcement of Foreign Arbitral Awards in Brazil

  • Article Summary: Brazil established a pro-arbitration framework governed by the Brazilian Arbitration Act of 1996 and reinforced by the 2015 Civil Procedure Code for enforcing foreign arbitral awards. The analysis examines the mandatory homologation process conducted by the Superior Court of Justice, which verifies formal requirements and public policy compliance rather than reviewing the merits. This legal structure ensures alignment with the New York Convention and provides predictability for international commercial dispute resolution in Brazil.
  • Non-ArbitralWomen Co-Author/s: Silva Zarazinski
  • Kluwer Arbitration Blog

In the past decade, the legal landscape in Brazil has changed significantly to better accommodate alternative dispute resolution methods, including mediation, conciliation, and arbitration. Brazil recently revised its Civil Procedure Code (Law 13.105/2015) and its arbitration law (Law 13.129/2015). It also enacted a mediation law (Law No. 13.140/2015). These major pieces of legislation contain provisions that encourage and legitimize the use of non-judicial procedures to resolve disputes more effectively.