The Brazilian Arbitration Act
A Case Law Guide
By: ANDRE. LEVY ABBUD (DANIEL. ALVES, RAFAEL FRANCISCO.), Daniel Levy, Rafael Francisco Alves
About This Book
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 decisions of the Brazilian Supreme Court (STF) and the Brazilian Superior Court of Justice (STJ) on each of the Brazilian Arbitration Act's (BAA) provisions. More than two hundred judicial decisions are directly quoted. 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. All decisions that could represent current case law on arbitration are considered. Nearly half of the quoted decisions have direct impact on international arbitration, and many deal with enforcement of arbitral awards. Therefore, the book will attract not only Brazilian practitioners but will be particularly useful to international counsel and arbitrators dealing with Brazilian parties or cases with a Brazilian element. The only book of its kind, it will prove indispensable for arbitration scholars and law libraries. "By providing a careful and comprehensive compilation of Brazilian case law on arbitration, with a particular focus on the Superior Court of Justice's leading precedents, this volume makes a valuable contribution to the continued development of arbitration in Brazil and elsewhere. While it will no doubt be of great use to the Brazilian bar, it is a particularly useful reference for the non-Brazilian practitioner and scholar, who do not have ready access to Brazilian court decisions or, in many cases, even knowledge of the Portuguese language". From the foreword by Donald Francis Donovan
AI Overview
The book "The Brazilian Arbitration Act: A Case Law Guide" by André Abbud, Daniel Levy, and Rafael Francisco Alves provides a comprehensive compilation of Brazilian case law on arbitration, focusing particularly on the Superior Court of Justice (STJ) and the Federal Supreme Court (STF) decisions. Here is a detailed overview of the book:
Key Themes
- Comprehensive Compilation: The book offers a thorough compilation of case law related to arbitration in Brazil, making it a valuable resource for practitioners and scholars.
- Focus on Case Law: It emphasizes the judicial decisions and interpretations of the Brazilian Arbitration Act (BAA), providing insights into how the law is applied in practice.
- Practical Perspective: The book is written from a practical perspective, addressing the most relevant points in arbitration law in a direct and instructive manner.
- Relevant Provisions: It covers various aspects of arbitration, including the duties of arbitrators, grounds for challenging arbitrators, replacement of arbitrators, and arbitrators’ liability.
Plot Summary
The book does not have a traditional plot summary as it is a legal guide. Instead, it is structured around key topics in arbitration law, including:
- Arbitrators’ Duties: Competence, diligence, discretion, independence, and impartiality.
- Challenge of Arbitrators: Grounds for challenge, procedure for challenge, and confirmation of arbitrators.
- Replacement of Arbitrators: Procedures and considerations.
- Arbitrators’ Liability: Civil and criminal liability.
- Conduct of Arbitral Proceedings: Procedural rules, mandatory principles (such as full defense and equal treatment), confidentiality, and representation of parties.
Critical Reception
While specific reviews are not provided in the search results, the book is likely to be well-received by legal professionals and scholars due to its comprehensive nature and practical approach. It is designed to serve as a useful reference tool for international practitioners and arbitrators seeking to understand the Brazilian arbitral framework.
Availability
The book is available in hardcover format, as indicated by ThriftBooks, and is priced at $192.73. It is also listed in various academic catalogs, such as the CLS Pegasus Library Catalog and the HEIDI catalog.
In summary, "The Brazilian Arbitration Act: A Case Law Guide" by André Abbud, Daniel Levy, and Rafael Francisco Alves is a critical resource for anyone interested in Brazilian arbitration law, offering a detailed and practical guide to the subject matter.