Interim and emergency measures

Interim and emergency measures of arbitration in general

How to conduct an international arbitration

This Practice Note provides a quick guide to the main stages of conducting an international arbitration, from commencing the arbitration, appointment of the tribunal, the first procedural hearing, pleadings, documentary, factual and expert evidence, pre-trial procedural hearing, the hearing, close of proceedings and the award through to enforcing the award. For more information, see Practice Note: A quick guide to the arbitration process.

Preparing for and conducting oral advocacy in international arbitration

This Practice Note provides general guidance for practitioners that may be new to advocacy in international arbitration, including some practical tips both for an advocate’s preparation and for conducting advocacy at a hearing. While the importance of written advocacy cannot be understated, this Practice Note focuses primarily on oral advocacy. The Practice Note considers the use of advocacy in arbitration, the fundamental purpose of advocacy, presentation style, tailoring your presentation to the tribunal, conducting oral advocacy and the ethics of advocacy. For more information, see Practice Note: Preparing for and conducting oral advocacy in international arbitration.

Early

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Drawing the line—court review of arbitral institutions’ administrative decisions in Brazil (Vale v B3 & others)

Arbitration analysis: Reversing a first-instance judgment that had dismissed the claim for lack of jurisdiction and legal standing, the São Paulo Court of Appeals held that Brazilian courts may review administrative decisions rendered by arbitral institutions prior to the constitution of the arbitral tribunal. The dispute concerned a decision by the President of the Market Arbitration Chamber (CAM) applying Article 3.6 of its Rules to appoint all three arbitrators and to disregard respondent Vale S.A.’s prior appointment of a co-arbitrator. The court held that the provision presupposes both a plurality of parties and an actual ‘absence of consensus’, which was not present in the case at hand, as the multiparty claimants acted jointly and with convergent interests up to that stage of the proceedings. It further held that the statutory right of each party to appoint a co-arbitrator under the Brazilian Arbitration Act cannot be displaced by institutional discretion in such circumstances. The decision reinforces the judicial control over institutional acts that affect fundamental procedural rights in arbitration and clarifies the São Paulo Court of Appeal’s stance on the distinction between jurisdictional and administrative acts in arbitration. Written by Renato Stephan Grion, partner at Pinheiro Neto Advogados, and Thiago Del Pozzo Zanelato, senior associate at Pinheiro Neto Advogados.

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