Newsletter - Issue 103

Brazilian Arbitration Committee Communications

On September 29th was held a panel discussion on the PhD in Administrative Law Eugenia Marolla’s thesis about arbitration in administrative contracts, organized by the Brazilian Arbitration Committee (CBAr in Portuguese). Eduardo Talamini was one of the panelists. Brazilian Arbitration Committee Communications are instruments for panel discussions on innovative theses about arbitration and mediation. The current semester program includes a lecture of Diogo Albaneze Gomes Ribeiro in October and of Diego Franzoni in November. The registration for the panels is free and can be made by sending an e-mail to izabelaods@cbar.org.br.

Panel Discussions on the new Civil Procedure Code

Over the recent weeks, Eduardo Talamini has given lectures on the new Civil Procedure Code in Curitiba (on August 13th about interlocutory proceeding of repetitive actions resolution; on August 17th about sentence, res judicata and rescissory action; on August 20th about procedural transactions; on August 26th about the new Civil Procedure Code and the Constitution), in São Paulo (on September 9th about sentence and res judicata), in Porto Alegre (on September 11th about the cooperation duty), in Londrina (on September 17th about procedural transactions), in Salvador (on September 25th about appeals on the new Civil Procedure Code and on September 30th about sentence and res judicata).

The Federal Court of Accounts has recognized the legality of the anticipated extensions of port lease agreements

On September 2nd, the Federal Court of Accounts recognized by unanimous decision the legality of the anticipated extension of port lease agreements, provided for in Article 57 of Law 12.815/2013 (Ruling 2.200/2015-Plenary). Justen, Pereira, Oliveira & Talamini has acted in the case representing the Brazilian Association of Public Use Port Terminals (ABRATEC in Portuguese) in the agreement extensions defense. According to the recent decision, the anticipated extension is an important mean of encouraging private investments that will then revert for the government anyway. Moreover, the decision avoids the obligation of previous public consultation and environmental licensing. At last, the Court ruling provides more legal certainty to the extension amendment agreements.

Anticipation of Evidence in the new Civil Procedure Code

The Civil Procedure Code, enacted in 2015, changed significantly the evidence anticipation regime. The main outlines of this new regulation are examined by lawyer Paulo Osternack Amaral in a paper published at Migalhas Newsletter number 3.696. In order to read the full article.

Collective Arbitration and the Article 5, item XXI, of the Brazilian Constitution

The access to arbitration may involve problems in cases of arbitration agreements relating to rights with no significant economic value if individually considered. Cesar Pereira and Luísa Quintão have written a paper about it and they have defended the application of Article 5, item XXI, of the Brazilian Constitution to confer legitimacy to representative entities to defend homogeneous individual rights. This conclusion has practical application especially in areas of minority shareholders rights in cases of controllers or other shareholders fraudulent acts, which is subject of Law 8.913/89 that has been enacted before the modern discipline of arbitration in Brazil. Their work also examines the provisions on this matter in several arbitration institution regulations, especially the one of CAMFIEP.

Panel Discutions at the Brazilian Institute of Procedural Law (Curitiba – October 22nd)

Brazilian Institute of Procedural Law has created a new discussion program called Coffee with Toasties. Eduardo Talamini is one of the national coordinators. On every meeting, an exhibitor defends for twenty minutes a thesis which has been recently published or academically presented. Then other two participants criticize his presentation followed by the exhibitor defense of his thesis again. The audience can also participate. The opening event took place on September 21st at São Paulo University Law School. The next Coffee with Toasties will be held in Curitiba on October 22nd with Paulo Osternack Amaral as an exhibitor. There are other meetings scheduled in Salvador, Rio de Janeiro, Brasília and Belo Horizonte. More information can be obtained directly with the Institute by e-mail (secretaria@direitoprocessual.org).

Ibero-American Congress of International Business Law (Bogotá – October 19th)

In October, Cesar Pereira will be one of the speakers at the II Ibero-American Congress of International Business Law on the panel about the future of CISG – United Nations Convention on Contracts for the International Purchase and Sale of Goods. The lecture’s subject is the application of CISG in international public purchase of goods, which is also the subject of a paper written by Cesar Pereira. This work will be published in the Public Procurement Law Review that is coordinated by Professor Sue Arrowsmith from Nottingham University.

Release of the book Corporate Arbitration (Curitiba – October 13th)

On October 13th, at 6p.m., the launch cocktail of the book Corporate arbitration, written by lawyer Diego Franzoni, will take place at Thomson Reuters Library, at the headquarters of OAB/PR in Curitiba. The book is the result of the author`s L.LM, defended at São Paulo University.

Post Graduate Course about Administrative Law (Curitiba – October 2nd)

The name partner Fernão Justen de Oliveira will be the professor of the subject about Public Procurement in the Post Graduate Course about Administrative Law. The course, which is organized by the University Center of Curitiba, will be held on October 2nd, 3rd , 16th, 17th, 30th and 31st, 2015. Click here for more information.

Update Course about the New Civil Procedure Code (Curitiba – October 1st)

On October 1st, at 7p.m., the lawyer Paulo Osternack Amaral will give a lecture on the interlocutory proceeding of competence assumption in the Update Course about the New Civil Procedure Code, which will be held at the Federal University of Paraná.

São Paulo
Jardim Botânico