The evolution of the interpretation of the Competence-Competence principle in the Brazilian Legal Order: Legal certainty provided for foreign investors

Autori

  • Diego Capistrano

Parole chiave:

Competence-Competence Principle, Arbitration, Concession Contracts, Public Interest, Brazil

Abstract

This article seeks to contribute to the understanding of the application of the CompetenceCompetence Principle to contracts that provide for arbitration clauses by different jurisdictions and Brazilian Courts. This study was mainly motivated because of the recognition by the Brazilian Superior Court of Justice of the applicability of the Competence-Competence principle to concession contracts, despite the existence of a public interest in the case. The decision provides legal certainty and better environment for foreign investors doing business in Brazil, especially in the energy sector.

Biografia autore

Diego Capistrano

He is a Senior Foreign Legal Consultant with Squire Patton Boggs in Houston. He works closely with the firm’s Arbitration and Corporate Practice Groups to represent the interests of international clients in matters relating to Latin America. Prior to joining the firm, he was a partner in a leading Brazilian firm, where he represented domestic and international clients in civil litigation, arbitration, and provided advice in commercial transactions in a range of industries. He also has experience advising clients in regulatory and bankruptcy matters.

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Pubblicato

2019-07-03

Fascicolo

V. 1 N. 2 (2019): Jul./Dez.

Sezione

Artigos

Licenza

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