Jones Day’s Post

The D.C. Circuit has approved a challenge to the validity of an international arbitration award, finding that a challenge to counsel's authority to enforce an award can never be forfeited. This decision raises the issue of whether a party's internal ownership changes during arbitration proceedings may be used to block future enforcement of otherwise valid arbitral awards. To learn more about the court's decision and its implications, read Jones Day's Alert. https://ow.ly/Egh050T4wT9 #arbitration #appellate

The D.C. Circuit has approved a challenge to the validity of an international arbitration award, finding that a challenge to counsel's authority to enforce an award can never be forfeited. This decision raises the issue of whether a party's internal ownership changes during arbitration proceedings may be used to block future enforcement of otherwise valid arbitral awards. To learn more about the court's decision and its implications, read Jones Day's Alert. https://ow.ly/BnNr50T4AbS #arbitration #appellate

PRINCIPLE OF ARBITRAL DECISION-MAKING AND DECISIONS OF THE ARBITRATION COUNCIL According to the Law on Commercial Arbitration 2010 and and the Rules of Procedure of the VTA, in cases where the Arbitration Council consists of three Arbitrators, the arbitral award and decisions of the Arbitration Council are made based on the principle of majority rule. If a majority is not achieved, the arbitral award and decisions of the Arbitration Council are determined by the Chairman of the Arbitration Council. #VTA #Commercial_Arbitration

WHICH PARTY MUST PAY ARBITRATION FEES? HOW ARE ARBITRATION FEES ALLOCATED? According to the Law on Commercial Arbitration 2010, the losing party in the arbitration bears the arbitration fees unless the parties agree otherwise or other arbitration procedural rules provide otherwise, or the Arbitral Tribunal decides differently. According to the Rules of Procedure of the VTA, arbitration fees are allocated by the Arbitral Tribunal unless the parties agree otherwise. The Arbitral Tribunal has the authority to decide that one party must bear all or part of the legal costs or other reasonable expenses of the other party. #VTA #Commercial_Arbitration

It has been 13 years since Fernando Serec and I reflected on the 'State of Brazilian Arbitration'. A lot has changed since then, but the core message remains unchanged: the Brazilian arbitration community has become even more sophisticated; our laws and the rules of local arbitral institutions have been updated; and the Judiciary continues to play a pivotal role in the development of arbitration in this country. As evidence of the widespread use of arbitration, we also see (and hear about) more challenges to arbitrators and annulment actions. But also on an upward trajectory are the (much less publicized) decisions by arbitrators that are voluntarily complied with by judgment debtors, and the court decisions upholding arbitral awards. Let's continue to talk about arbitration!   #StateOfArbitration # #BrazilianArbitration #GrowingPains

WHEN DOES ARBITRATION PROCEEDINGS AT VTA END? The Rules of Procedure of the VTA do not specify the termination point of arbitration proceedings. However, according the Law on Commercial Arbitration, arbitration proceedings conclude upon the issuance (or establishment) of the arbitral award by the Arbitration Council. #VTA #Arbitration_Commercial

Given the overloaded Brazilian judiciary and the vibrant local arbitration community, arbitration is without doubt the better option for complex disputes. Read what Ivo Waisberg and Ricardo Pomeranc Matsumoto at Thomaz Bastos, Waisberg, Kurzweil Advogados have to say about recent developments in our “INDEPTH FEATURE: Commercial Arbitration 2024” report: https://lnkd.in/eAZYhAJS #arbitration #complexdisputes #commercialarbitration #disputeresolution

What is arbitration, and how does arbitration differ from court proceedings? It is not unusual for parties to a contract to agree to an arbitration clause, so arbitration must be used to resolve any disputes about the contractual relationship as an alternative to court. Like a judgment at trial, the decision of an arbitral tribunal is final and binding. However, unlike court proceedings, arbitration proceedings are usually confidential. Arbitration proceedings are not subject to appeal, though, in exceptional circumstances, it may be possible to challenge the decision through the courts.

#ICYMI A note of caution on appealing an arbitration award. Historically, the aim of arbitration was to bring finality to disputes between commercial parties in a relatively quick and cost-effective manner. Unfortunately, those ideals are not always met, and in certain circumstances the outcome is not one which was anticipated. The Club's circular ‘Appealing an Arbitration Award - A Note of Caution’ provides useful guidance when considering appealing an arbitration ruling and is available on our website here https://lnkd.in/eKK7y5zJ #ShipsandShipping #MaritimeIndustry #Arbitration

HOW IS THE ESTABLISHMENT OF AN ARBITRATION COUNCIL CONSISTING OF THREE ARBITRATORS? The establishment of an Arbitral Tribunal consisting of three arbitrators is governed as follows according to the Law on Commercial Arbitration 2010 and the Rules of Procedure of the VTA: (i) The Claimant selects one arbitrator or requests the President of the VTA to appoint one arbitrator on behalf of the Claimant; (ii) The Respondent selects one arbitrator or requests the President of the VTA to appoint one arbitrator on behalf of the Respondent; (iii) The two arbitrators chosen by the Claimant and the Respondent or appointed by the President of the VTA will then elect the third arbitrator to serve as the Chairman of the Arbitral Tribunal. #VTA #Arbitration