The following Arbitration practice note Produced in partnership with Flávio Spaccaquerche Barbosa and Vanessa Winkler of Mattos Filho, Veiga Filho, Marrey Jr. E Quiroga Advogados provides comprehensive and up to date legal information covering:
Anti-suit injunctions are a mechanism used to restrain court and/or arbitral proceedings. In international arbitration, the term is usually employed to define an action to bar a party from pursuing court proceedings in breach of an arbitration agreement. For instance, when a recalcitrant party attempts to bring a dispute covered by an arbitration agreement before a domestic court, the other party may request that a court or an arbitral tribunal grants an anti-suit injunction to forbid the party from initiating or proceeding with that legal action, in order to protect the enforceability of the arbitration agreement.
Although the use of anti-suit injunctions is widespread in many jurisdictions, it is generally accepted that this specific form of relief is not available under Brazilian law. The Brazilian Constitution grants free access to justice as a fundamental right—according to Brazilian Federal Constitution (art 5, XXXV)—so that no one may be prevented from accessing domestic courts. Therefore, an anti-suit injunction issued in Brazil aiming to prohibit a party from presenting its dispute to a Brazilian court would be deemed unconstitutional. However, this does not mean that the party may not seek enforcement of the arbitration agreement through other means.
There are two principal processes under Brazilian law to enforce an arbitration agreement over court litigation, or a
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
The Public Private Partnership (PPP) models are a popular way for governments to involve private investment, expertise and risk in procuring infrastructure, with the potential to deliver a project more efficiently and economically. One of the most popular PPP models for procuring infrastructure
When restructuring is considered rather than formal insolvency proceedings (see Practice Note: Benefits of restructuring over formal proceedings) the company may want to ensure that relevant creditors quickly enter a standstill agreement to gain some breathing space to consider a restructuring
Community order requirementsCommunity order requirements are set out in the Criminal Justice Act 2003 (CJA 2003), as amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) and the Offender Rehabilitation Act 2014 (ORA 2014). Criminal Justice Act 2003, s 152(2)
This Practice Note identifies the main torts (bar negligence and nuisance, which are covered elsewhere in our related content) and their key characteristics. Specifically:•trespass to land•trespass to the person•privacy/defamation•liability for animals•employers' liability•product
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.