Brazil ceases its antipathy toward ADR; new law is government's acknowledgment that enforceabillity of arbitral awards is a prerequisite to raising foreign investment

Article Abstract:

Brazil's new Arbitration Law 29307 encourages the use of alternative dispute resolution by creating more efficiency and predictability, codifying the binding nature of arbitration clauses, and lowers the barriers to enforcing arbitral awards. The country has historically resisted ADR, forbidding courts to deny authority over a case due to a prior ADR agreement. The 'submission clause' form of arbitration agreement has, however, enjoyed more utility than the 'arbitration clause.' Confirmation of outside awards remains in question.

Management, Foreign investments, Laws, regulations and rules, Brazil

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ADR burgeons in cross-border deals

Article Abstract:

Alternative dispute resolution is increasingly used in international affairs, and care should be taken to insure the best results. Confidentiality of the proceedings should be exlicit in an arbitration contract. Other items such as expert determination and governing laws should also be explicit.

Contracts

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Nondomestic ADR has its quirks; discovery and motion practice are virtually nonexistent, and parties often use interpreters

Article Abstract:

Some of the differences in dispute resolution in foreign countries are discussed. For international arbitration, these include reliance on a prehearing conference, the absence of U.S.-style discovery and of motion practice. Mediation outside the U.S. may need an interpreter.

United States

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