Paris, 13 November 2023
ICC Court has begun offering free access to arbitral awards and case documents compliant with the Brazilian Arbitration Act through the ICC Dispute Resolution Library.
In partnership with Jus Mundi, ICC Court is now providing access to dispute resolution content on Brazilian States and State Entities. These new resources enable free access to main submissions (excluding attachments and internal documents drawn up by the Court and the Secretariat), Terms of Reference, procedural orders, and awards from arbitrations involving Brazilian States and State Entities, administrated at the São Paulo office of Secretariat of the International Court of Arbitration of the ICC (SCIAB under the Brazilian Arbitration Law/Act).
Brazilian law requires publicity of arbitration proceedings involving public entities (Article 2(3) Law 9.307/1996). The publication is limited to two cumulative conditions, (i) cases must involve the Brazilian public administration, and (ii) cases must be administered by the São Paulo office of the ICC Court’s Secretariat (SCIAB) since its establishment on 18 October 2017.
This new initiative seeks to further enhance transparency and improve access to legal information on Brazilian cases worldwide. According to ICC Dispute Resolution Statistics for 2021 and 2022, Brazilian parties were the second biggest group of parties in ICC arbitrations registered in 2021 and 2022.
Alexander G. Fessas, Secretary General of the ICC Court, said:
“Free online access facilitates the goal of Brazilian law – to increase publicity in arbitrations involving states and SoEs. It is also in line with ICC’s Centenary Declaration on Dispute Prevention and Resolution and our commitment to greater transparency that enables understanding and trust in the process”.
Jean-Rémi de Maistre, CEO of Jus Mundi, said:
“We are proud to continue our partnership with ICC, expanding relations through to their case management office in Brazil. Our objective is to enhance accessibility and transparency in international arbitration, and this collaboration marks a substantial step towards achieving that goal”.
ICC and Jus Mundi first joined forces in 2021 to offer free access to ICC arbitral awards. One year later, the partnership was extended to all dispute resolution resources for the ICC Dispute Resolution Library on Jus Mundi’s platform.
This partnership highlights the mutual commitment of both parties to improve the international arbitration landscape by prioritising transparency and facilitating open access to relevant legal information, empowering individuals with valuable resources. It also reaffirms the leadership of the ICC Court and aligns with the ICC Centenary Declaration’s pledge on access to justice, the rule of law, and transparency.
About the Processing of Data
Under the ICC x Jus Mundi partnership, Jus Mundi publishes non confidential case documents, including awards, parties’ submissions, decisions, and other relevant materials related to the arbitration process. Documents available on Jus Mundi’s website are sourced either from open sources or through the ICC x Jus Mundi partnership. Documents provided by the ICC Secretariat to Jus Mundi are redacted or anonymized in compliance with the General Data Protection Regulation (GDPR). Document collected from public sources of Brazilian authorities are reproduced without redactions.
List of Cases:
- Concessionária da Linha 4 do Metrô de São Paulo S.A. v. Estado de São Paulo (I), ICC Case No. 22990/JPA/GSS/PFF, Sentença Arbitral Parcial, 7 October 2020
- Concessionária da Linha 4 do Metrô de São Paulo S.A. v. Estado de São Paulo (II), ICC Case No. 23033/JPA/GSS/PFF, Sentença Arbitral Parcial, 7 January 2020
- Consortium TIISA / CONSBEM / SERVENG v. State of São Paulo and Companhia Paulista de Trens Metropolitanos (II), ICC Case No. 23647/GSS, Sentença Arbitral Final, 21 December 2020
- Dommo Energia S.A. v. Agência Nacional do Petróleo, Gás Natural e Biocombustíveis (ANP), Barra Energia do Brasil Petróleo e Gás Ltda. and Enauta Energia S.A., ICC Case No. 24717/PFF, Sentença Arbitral Final, 25 March 2022
- Concessionária BR-040 S.A. v. Agência Nacional de Transportes Terrestres (ANTT) (II), ICC Case No. 25572/PFF/RLS, Sentença Arbitral Final, 16 May 2023
- Nova Petróleo S.A. v. Agência Nacional do Petróleo, Gás Natural e Biocombustíveis, ICC Case No. 25777/PFF/RLS, Sentença Arbitral Final, 28 March 2023
- International Finance Corporation v. Município do Rio de Janeiro, ICC Case No. 25913/PFF/RLS, Sentença Arbitral Final, 18 October 2022
About the International Chamber of Commerce
The International Chamber of Commerce (ICC) is the institutional representative of more than 45 million companies in over 170 countries. ICC’s core mission is to make business work for everyone, every day, everywhere. Through a unique mix of advocacy, solutions and standard setting, we promote international trade, responsible business conduct and a global approach to regulation, in addition to providing leading dispute resolution services. Our members include many of the world’s leading companies, SMEs, business associations and local chambers of commerce.
About Jus Mundi
Contributing to building the rule of law internationally is everyone’s responsibility. Jus Mundi democratizes access to global legal information with unprecedented efficiency, thanks to a multilingual search engine that combines international legal expertise with artificial intelligence.
For media queries, please contact: s.ashtikar(at)jusmundi(dot)com