Kluwer: Exclusive Jurisdiction Agreements in Brazil and Their Impact on Arbitration: A Greater Role for Emergency Arbitration?

By Adriana Regina Sarra de Deus (Toledo Marchetti Advogados), Lucas Russi (Toledo Marchetti Advogados ) and Pedro Lins (Wilmer Hale)

The advantages of exclusive jurisdiction agreements (“EJAs”) are well known; chiefly, that of knowing where a party can sue and be sued. In Brazil, EJAs are widely used in both cross border litigation and in the context of domestic contractual relations. Even in contracts providing for arbitration, it is typical for sophisticated parties to agree...