Eliana Baraldi, Partner at Eliana Baraldi Advogados
Giovanna Martins de Santana, Lawyer at Eliana Baraldi Advogados
Paula Akemi, Lawyer at Eliana Baraldi Advogados
Caio Henrique de Campos Ramos, Lawyer at Eliana Baraldi Advogados
On October 16 and 17, 2023, the CAM-CCBC – Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada hosted the 10th Edition of its Arbitration Congress, which marked the opening of the 6th Edition of the São Paulo Arbitration Week. This year, the Congress was attended by professionals from the arbitral community in Brazil and around the world, drawing around 400 people per day.
The Congress shed light on important issues related to arbitration, under the topic: “The today and tomorrow of arbitration”, focusing on challenges, trends, and solutions, being of no surprise that this is one of the events of the mandatory international arbitration calendar.
The Congress took place in a state-of-the-art venue in São Paulo and featured welcoming and comfortable spaces allowing participants to interact with one another, as well as to engage in networking discussions.
Several books were launched during these two days, being them: “Contratos Empresariais – Teoria Geral e Aplicação”, authored by Paula Forgioni; “Fundamentos Processuais da Arbitragem”, authored by Ricardo Aprigliano, “Arbitragem e Processo”, authored by Carlos Alberto Carmona and the collective books “Riscos do Direito Privado e na Arbitragem”, coordinated by Aline Terra, Catarina Monteiro Pires and Giovanni Nanni; “Resolução de Disputas em Infraestrutura”, an initiative of Infrawomen Brazil coordinated by Ana Marcato, Cristina Mastrobuono, Eliana Baraldi, Helena Najjar Abdo and organized by Caio Ramos.
Advancements and Challenges: A Comprehensive Overview of Arbitration in Brazil
The welcoming words of Rodrigo Garcia da Fonseca, CAM-CCBC’s president, addressed the evolution of arbitration in Brazil in light of the amounts involved, the nature of the proceedings, and the increasing number of them. The composition of arbitral tribunals was highly emphasized as it showed a relevant increase in women being appointed.
The high quality of the panels was first noticed with the opening words by Yas Banifatemi (Founding Partner of Gaillard Banifatemi Shelbaya Disputes, Paris) as the Keynote Speaker. She guided the audience through the full recognition of the Competence-Competence Principle in Brazil and gave her own perspective on the effects and rationale of this principle fully adopted in Brazil.
Eleonora Coelho (Founding Partner of Eleonora Coelho Advogados) and Paula Forgioni (President of the Advisory Board of CAM-CCBC and Professor of Commercial Law at the University of São Paulo) presented the highlights of the CAM-CCBC’s recently released Corporate Arbitration Rules, providing the context under which these rules were on demand and carefully thought to attend its users, sharing the efforts required to elaborate and discuss these rules such as considering third parties, relevant disclosures to the market and impacts that the arbitral decisions can have on shareholders.
The following panel delved into “The Effectiveness of Arbitration and the Role of State Courts”, moderated by Silvia Pachikoski (Vice-President of CAM-CCBC and Partner of L.O. Batista Advogados). Simone Barros (Partner at FCDG Advogados), Sérgio Seiji Shimura (São Paulo State Court of Appeals’ Justice ), Luis Felipe Ferrari Bedendi (Justice at the São Paulo State of Court of Justice) and José Emilio Nunes Pinto (Founding Partner of José Emilio Nunes Pinto Advogados) contributed with insights on the role of the Judiciary venue in cooperation with arbitration and the challenges that might arise from frivolous arguments and opportunistic behavior when filing for provisional and interim measures – before or during the arbitral tribunal has been constituted.
The panel moderated by Márcio Vieira Souto (Partner at Sergio Bermudes Advogados) focused on “Unravelling the Challenge of Arbitrators”, and discussed the reasons behind the increasing number of challenges to arbitral awards in Brazil and who should decide on the challenges to arbitrators. The discussion was enriched by the insights of André Abbud (Partner at BMA Advogados and President of CBAr), Tafadzwa Pasipanodya (Partner at Foley Hoag LPP, Washington, DC), Sandra González (Head of Arbitration and Litigation Group at Ferrere, Uruguay) and Jeffrey Rosenthal (Partner at Cleary Gottlieb, New York bench).
Concluding the first day of the Congress, Eugenia Marolla (Chief Advisor of the Technical Advisory Office of the Government of the State of São Paulo) moderated a panel on “Public Infrastructure Projects: Challenges in Dispute Resolution”, sharing her views with Carolina Saboia Fontenele (Federal Attorney) Calvin Hamilton (Independent Arbitrator, Cayman Island), Jorge Mattamouros (Partner at White & Case, New York) and Luiz Fernando Alongi (Expert and Partner at AEQUITAS). They shed light on the increasing number of arbitrations involving the Public Administration in Brazil, having the panelists shared their thoughts on how arbitration on infrastructure is being handled abroad and how the Brazilian experience can be an example of this type of dispute resolution.
Navigating Energy Transition, AI in Arbitration, and the Changing Landscape of Arbitral Institutions
The second day began with a discussion on “Green Transition and the Future of Energy Arbitration”, moderated by Gabriel Seijo (Partner at Cescon Barrieu Advogados). Maria Madalena Porangaba (Legal and Market Security Executive Manager at CCEE), Julio Bueno (Partner at Pinheiro Neto Advogados), Eric Franco (Global Expert at Engie, Peru), and Lucinda Low (Partner at Steptoe & Johnson’s, Washington, DC) and Natalie Reid, (Partner at Debevoise & Plimpton, New York) discussed energy transition paths, renewable sources and new trends in arbitration within the energy sector, observing that there could be several disputes regarding investors, companies, and jurisdictions since the right to a healthy environment is recognized by the United Nations and the international community is encouraged to adopt the use and provide for green technologies.
CAM-CCBC honored Bernard Potsch Moura, Daniel Tavela Luís, Emanueli Araújo da Silva, Fabiana de Cerqueira Leite, Luísa Quintão, and Pedro Martini for their valuable work as the founding members of the New Generation Committee – Newgen and introduced the new members who will take the role for the following management term: Ana Carolina Castro, Emanueli Araújo, Maúra Guerra Polidoro Leonardo Polastri, and Vinícius Trajano.
The second panel of the day was organized by Newgen to address “Artificial Intelligence: do Lawyers dream of electric sheep?”. Bianca Longo Campos (Country Director at Jus Mundi), Guilherme Quintana (Partner at Manassero Campello Advogados), Aline Dias (Partner at FLH Advogados) and Thiago Luís Sombra (Partner at Mattos Filho) dissected the function and application of artificial intelligence in arbitration (more of its absence), its ongoing development and the regulatory challenges surrounding it.
The final panel focused on “The Evolving Role of Arbitral Institutions” was moderated by Ricardo Aprigliano (Vice-President of CAM-CCBC and Partner at Aprigliano Advogados). Insightful discussions on a variety of important topics regarding the administration of arbitral proceedings from the perspective of arbitral institutions were held by speakers representing various international arbitration institutions: Ramona Schardt (German Arbitration Institute), Crina Baltag (Stockholm Chamber of Commerce), Mariana França Gouveia (Centro de Arbitragem Comercial in Portugal), Macarena Letelier Velasco (Santiago Arbitration and Mediation Centre) and Frida Altamirano (Arbitration Center of Mexico).
The noteworthy closing remarks delivered by Horacio Grigera Naón (Independent Arbitrator) on the future of arbitration gave an insightful perspective on investment arbitration abroad through some examples of notable proceedings. The arbitrator also commented on the importance of Brazil’s insertion in this scenario.
Silvia Pachikoski and Ricardo Aprigliano, as vice presidents of the CAM-CCBC, closed the Congress by indicating interesting institutional activities and upcoming events to be held during 2024, leaving the audience eager for the next year’s edition of this Congress.
ABOUT THE AUTHORS:
Eliana Baraldi holds a Master’s degree in Private International Law from the University of São Paulo (USP). Vice-President of the Arbitration Chamber OAB/SP (Brazilian Bar Association/São Paulo Section). Guest lecturer at Auburn University, Alabama, USA, PUC-Cogeae, and IBMEC Law School, São Paulo (LLM in Commercial Arbitration). Practicing law for almost 30 years, she has been involved in arbitration and institutional activities since the consolidation of the field in Brazil in 2002. Professional recognition both in Brazil and internationally (WWL-Who’s Who Legal, Chambers, Leaders League, Análise Advocacia 500, and Análise Advocacia Mulher). Regularly serves as an arbitrator in domestic and international arbitrations administered by the most prestigious chambers. Author of publications and speaker on arbitration, mediation, and dispute boards in Brazil and abroad.
Giovanna Martins de Santana has been a lawyer for nearly 10 years, handling extrajudicial, judicial, and arbitral matters. Currently serving as Secretary of Arbitral Tribunals and holding the position of General-Secretary at CCMA-CAMARBRA. Recognized in the Análise Advocacia 2023 magazine as one of the Most Admired Women Lawyers in Brazil. Holds a bachelor’s degree in law from the University of São Paulo (USP) and is a Master’s Candidate in Arbitration and Civil Procedural Law at the same university. Former moot court participant and coach of the USP commercial arbitration team in international and national competitions.
Paula Akemi holds a master’s degree in international Economic Relations Law from PUC-SP. Mentor in the Academic and Professional Mentoring Program at BRAVYAP. Former moot court participant in the PUC-SP commercial arbitration teams at the Willem C. Vis International Commercial Arbitration Moot and the Brazilian Arbitration Competition organized by CAMARB.
Caio Henrique de Campos Ramos holds a Bachelor´s of Law degree from PUC-SP. Former moot court participant and current coach of the PUC-SP commercial arbitration teams at the Willem C. Vis International Commercial Arbitration Moot and the Brazilian Arbitration Competition organized by CAMARB.