Arbitration analysis: The Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada (CAM-CCBC) is pleased to announce the launch of its Public Arbitration Awards, a groundbreaking initiative which consolidates arbitral awards rendered in CAM-CCBC administered proceedings which have entered the public domain through legal or judicial means. Written by Rodrigo Garcia da Fonseca, president, and Ricardo de Carvalho Aprigliano, vice-president of CAM-CCBC.

Law360: Low-cost Brazilian airline GOL Linhas has revealed a proposed Chapter 11 plan after reaching a global settlement with creditors, major investor Abra Group Limited and other stakeholders that would extinguish US$2.5bn in debt before its January confirmation hearing.

Arbitration analysis: The São Paulo State Appellate Court vacated an arbitral award on the grounds of lack of sufficient disclosure by one of the arbitrators. The decision presents multiple topics, but the discussion on the effects of lack of disclosure will probably produce more immediate impact on Brazilian practice. It held that an arbitrator's failure to disclose ongoing and significant professional relationships with counsel of one party undermined confidence in impartiality, warranting nullification of the award. This decision underscores the delicate balance between ensuring transparency and avoiding disclosure overload. The case prompts consideration on whether Brazil's arbitration regime requires additional legislative intervention or refined institutional practices to guide arbitrators and parties. Written by Martim Della Valle (partner at Marchini, Botelho, Caselta, Della Valle Advogados) and Felipe Sartório de Melo (arbitration counsel at Marchini, Botelho, Caselta, Della Valle Advogados).

Raphael Brandão Moreira and another v ESHO-Empresa de Serviços Hospitalares SA Recurso Especial n 2.101.901/SP, Superior Tribunal de Justiça, Brasil

Law360, London: BHP may avoid criminal contempt proceedings over allegations that it filed a case in Brazil to block English proceedings linked to the Fundão dam collapse after the Court of Appeal refused permission to appeal to the UK Supreme Court.

Arbitration analysis: In an arbitration that spanned almost a decade, why was no compensation awarded despite a treaty breach being found? Manthi Wickramasooriya, an associate solicitor in the London office of Quinn Emanuel Urquhart & Sullivan, explains the tribunal’s reasoning.

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