CIArb intervenes in Supreme Court matter in Brazil concerning arbitrators’ duty to disclose

Table of contents

• Background of the dispute
• CIArb’s intervention

Article summary

Arbitration analysis: In June 2023, the Chartered Institute of Arbitrators (CIArb) and its Brazil branch submitted to Brazil’s Supreme Court an application to intervene and an amicus brief in ADPF 1050, a constitutional matter concerning arbitrators’ duty to disclose. The resolution of this matter holds significant importance for the proper functioning and development of arbitration in Brazil. Its outcome may have a direct impact on numerous past, present, and future arbitral awards, and related judicial proceedings. Indirectly, it could influence the behaviour of parties and arbitrators in arbitration proceedings. As Brazil has adopted a monistic arbitration law, this case could have ramifications not only for Brazilian-seated arbitrations but also for foreign awards seeking recognition and enforcement in Brazil. Written by Cesar Pereira, Luísa Quintao, and Leonardo Souza-McMurtrie of CIArb.