Kluwer: Reaffirming Arbitration: The Brazilian Superior Court of Justice Decides on the Persistent Debate of Public Entities’ Participation in Arbitration

By Orlando Jose Guterres Costa Junior (Adriana Braghetta Advogados) and Heitor Augusto Pavan Tolentino Pereira (Adriana Braghetta Advogados)

Brazil is internationally recognized as an arbitration-friendly jurisdiction. As a signatory to the New York Convention, its arbitration framework is modeled on UNCITRAL Model Law, and its highest courts actively support and promote arbitration. Despite this, the participation of Brazilian public entities in arbitration remains a subject of debate, even though legislative reforms aimed at...