Category Archives: GUEST POSTS

Arbitrators Enjoy Exclusive Jurisdiction to Grant Interim Measures in Brazil: Superior Court of Justice

Posted on October 2, 2012 by blogarbadmin

In this Guest Post, FELIPE SPERANDIO updates us on Brazilian Superior Court’s interesting decision holding that once an arbitral tribunal is in place, it shall have the exclusive jurisdiction to grant any interim measures.

A recent decision of the Brazilian Superior Court of Justice (“STJ”) has ruled, for the first time, on the issue of the concurrent jurisdiction of national courts and arbitral tribunals with respect to the making of interim measures (Itarumã Participações S.A. v Participações em Complexos Bioenergéticos S.A. – PCBIOS, Resp no. 1,297,974-RJ). The decision is significant in shedding light on a topic not addressed by the Brazilian Arbitration Act. It also reassures the view that, where there is an arbitration agreement, the national courts may only intervene – in exceptional circumstances – to support arbitration. Read the rest of this entry →

Brazilian Court Reverses Compulsory Submission Agreement Requirement

Posted on March 21, 2012 by blogarbadmin

In this Guest Post, FELIPE SPERANDIO from Brazil updates us on a recent decision of the Court of Appeal that has done away with an otherwise troubling requirement of a compulsory submission agreement.

In a recent decision, a Court of Appeal in Brazil has corrected an arbitration-related decision, on the validity of arbitration clauses, which had raised a red flag among practitioners and scholars. The revised national court’s position places Brazil back on the pro-arbitration track.

Facts

Inepar S.A. Indústria e Construções (Inepar), the contractor, entered into an agreement with Itiquira Energética S.A. (Itiquira), the employer, for the construction of a hydroelectric power plant in the State of Mato Grosso, Brazil. The dispute resolution clause provided for ICC arbitration, with Brazil as the seat and Brazilian law as the governing law.

Disagreements between the parties started in 2001. Inepar sought to revise the amount owed to it under the contract given unexpected conditions that had results in extra costs and delays. Itiquira responded by terminating the agreement on account of Inepar’s delays. Read the rest of this entry →

CHEVRON – TWO DECADES OF LITIGATION: IS IT FINALLY OVER?

Posted on January 23, 2012 by blogarbadmin

In this Guest Post, VERONICA ARROYO from Ecuador reports on the never-ending Chevron-Ecuador battle.

2012 began here in Ecuador with a major jolt for Chevron Texaco. On 3^rd January, a court in Sucumbios upheld the ruling against Chevron Texaco, through which it ratified the payment of 18 billion dollars against Chevron for environmental damages caused in Ecuador’s rainforest between 1972 and 1990 when Texaco operated in the forest. Texaco became a subsidiary of Chevron in 2001. Chevron has long claimed that a 1998 agreement between Texaco and Ecuador, after a cleanup of 40 million dollars, absolves it of liability. Chevron has also been ordered to publicly apologize for the incident by 1^st March 2012, or else face a judgment for double the sum.

The oil company appealed the initial judgment on the ground that the process had been marked by corruption. While for the plaintiffs, the amount of compensation was not enough to remedy the damage. A bench of three judges heard both the appeals for almost a year and rejected them. Read the rest of this entry →

BLOG ARBITRATION

Category Archives: GUEST POSTS

Arbitrators Enjoy Exclusive Jurisdiction to Grant Interim Measures in Brazil: Superior Court of Justice

Brazilian Court Reverses Compulsory Submission Agreement Requirement

CHEVRON – TWO DECADES OF LITIGATION: IS IT FINALLY OVER?

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