Interim measures in support of arbitration in Brazil
Produced in partnership with Flávio Spaccaquerche Barbosa and Vanessa Winkler of Mattos Filho, Veiga Filho, Marrey Jr. e Quiroga Advogados
Interim measures in support of arbitration in Brazil

The following Arbitration guidance 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:

  • Interim measures in support of arbitration in Brazil
  • Applying for interim measures
  • Types of interim measures
  • Legal requirements
  • Injunction relief ex parte
  • Enforcement of interim measures
  • Loss and damages caused by the interim measure
  • Changes brought to the Code by Federal Law No 13.105/2015

Interim measures in Brazil are regulated by the Code of Civil Procedure (Federal Law No 13.105/2015 (the Code)), which sets out various types of available interim measures, each of them applicable to specific relief sought, with a general purpose to ensure the effectiveness of a final decision, either judicial or arbitral, and/or to secure assets or individuals. The current Code was enacted on 16 March 2015 and entered into force on March 2016. It changed and simplified the formal procedure to request interim measures, but it maintained the courts' entitlement to grant interim measures, even in support of arbitration.

Also, the Brazilian Arbitration Act (BAA) (Federal Law No 9307/96) (the BAA was recently revised by the Federal Law No 13.129/2015). Among other changes, the new text of the BAA provides for clearer rules on interim measures in arbitration. The changes to the BAA were enacted on 26 May 2015 and entered in force 60 days therefrom. This note covers the current Code and revised BAA and differences they brought.

Before the enactment of Federal Law No 13.129 in May 2015, the Brazilian Arbitration Act (Federal Law No 9307/96 (the BAA)), which regulates arbitration in Brazil, did not provide clear rules regarding the interim measures in support of arbitration save for one provision stating the courts’ assistance may be sought to enforce interim measures