State immunity and arbitration in Brazil

Copyright © 2025 LexisNexis
Produced in partnership with Flavio Spaccaquerche Barbosa and Carolina Deluiz of Mattos Filho
Practice notes

State immunity and arbitration in Brazil

Copyright © 2025 LexisNexis

Produced in partnership with Flavio Spaccaquerche Barbosa and Carolina Deluiz of Mattos Filho

Practice notes
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This Practice Note considers the role of state immunity in relation to Arbitration proceedings in Brazil. For a general introduction to state immunity and arbitration, see Practice Note: State immunity and arbitration—general considerations. In addition, for Practice Notes on state immunity in a number of jurisdictions around the world (including England and Wales), see our ‘State immunity’ subtopic: State immunity and arbitration—overview.

This Practice Note considers the concept of state immunity in Brazil. It discusses exceptions to the concept of absolute state immunity and Waiver of state immunity, both generally and in the context of international arbitration.

Concept of state immunity in Brazil

State immunity is a customary norm of international law. Based on the principle of the equality of states, ‘state immunity’ represents the concept of non-interference between states and respect of sovereignty. It establishes that one state does not have the right to judge the actions of another, as equals have no authority over one another. As a general rule, this immunity protects a foreign state, including

Flavio Spaccaquerche Barbosa
Flavio Spaccaquerche Barbosa chambers

Partner

Flávio Spaccaquerche is a Partner with the Litigation and Arbitration department of Mattos Filho, Veiga Filho, Marrey Jr. e Quiroga Advogados, in Brazil. He coordinates the Litigation and Arbitration team in Rio de Janeiro, although is also involved in many cases in São Paulo. Flávio has been practicing for more than 10 years and has broad experience in litigation, international law and arbitration. He graduated in 2004 from Law School at the Catholic University of São Paulo (PUC-SP). He holds a master's degree in consumers' right from the same university and a master's degree in International Economic Law from the University of Paris I ' Panthéon-Sorbonne, where he specialized in international dispute resolution. He has many publications on domestic and international arbitration. Flávio is the current ICC YAF Regional Coordinating Committee (RCC) member for the Latin America Chapter (Brazil). He is also a member of the Brazilian Arbitration Committee (CBAr) and a contributor for the ITA Latin American Arbitration Forum (ITAFOR).

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Carolina Deluiz
Carolina Deluiz

Senior Associate, Mattos Filho

Carolina Deluiz is a senior lawyer with the Litigation and Arbitration department of Mattos Filho, in Rio de Janeiro, Brazil. She represents clients in domestic and international arbitrations, litigation and negotiation of complex disputes involving complex corporate and contractual issues, infrastructure, oil and gas, energy, among others. She graduated in 2015 from Federal University of Rio de Janeiro (UFRJ) with honors (Cum-Laude). She is post-graduated in contract law from the Catholic University of Rio de Janeiro (PUC-RJ) in 2018. She is currently a master’s candidate in international law at the State University of Rio de Janeiro (UERJ). Carolina is also a member of the Brazilian Arbitration Committee (CBAr) and the Arbitration Coordinating Committee of the Brazilian Center for Arbitration and Mediation (CBMA). 

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Jurisdiction(s):
United Kingdom
Key definition:
Arbitration definition
What does Arbitration mean?

Generally, a private form of final and binding dispute resolution by an appointed arbitral tribunal acting in a quasi-judicial manner. Arbitration is, generally, founded on party agreement (the arbitration agreement), and regulated and enforced by national courts.

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