Newsletter - Issue 110

Brazilian arbitration teams have unprecedented results in the Vis Moot

Brazilian universities stood out on the biggest international arbitration competition for students: the Willem C. Vis Moot. In its 23th edition, the Vis Moot brought together 311 teams from around the world. Three of the four teams of Curitiba (PUCPR, UFPR, UNIPOSITIVO and UNICURITIBA) were ranked among 64 finishers, and reached the knockout phase. The Federal University of State of Paraná (UFPR in Portuguese) tied for 64th place, but lost its seat in a draw. In addition to Curitiba universities, PUC of São Paulo also obtained the qualification for the knockouts.

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Justen, Pereira, Oliveira & Talamini was widely represented in the event. The team PUCPR, founded in 2010 by attorney Daniel Siqueira Borda, had among its members the interns Ana Carolina Barros (speaker) and Isabella Bassani. The team went to the semi-finals and finished the competition in 3rd place, a result never obtained before by a Brazilian team and celebrated by the Brazilian arbitration community. The UFPR team, which had in the past the partners Cesar Pereira and Eduardo Talamini and associates Diego Franzoni, Isabella Vosgerau, Marina Kukiela, Guilherme Eiras and Ricardo Feijó as coaches, had the participation of the interns Caroline Paglia Nadal and Eduardo Petter. This year Cesar Pereira went to Vienna to participate in the competitions and to attend the launch of the books Brazil Infrastructure Law and CISG and Latin America, which happened during the Vis Moot.

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PUCSP team, that stood out widely in various preparatory competitions (Pre-Moots) and reached the quarterfinals of the competition, had as one of its coaches the intern Luísa Quintão. She joined the team several times as a speaker, with significant results in Vienna (Vis Moot) and Hong Kong (Vis East) in the last years.

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The Brazilian universities result confirms the growth prospects and the consolidation of the use of arbitration in Brazil. It also reveals a group of professionals and educational institutions increasingly prepared to develop and spread knowledge on arbitration.

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Concession on Vehicles Patios

The State Public Administrations accumulate losses with the removal, storage and safekeeping of vehicles in the courtyards of Transit Departments and other public institutions. On the other hand, the vehicles’ owners face difficulties, costs and bureaucracy to rescue their vehicles. A possible strategy to deal with these problems is to provide fully paid services by the private sector. For now the chosen solution has been the concession. Check out the brief comments written by Karlin Olbertz Niebuhr on the subject.

The regulation of electronic money and electronic payments in Brazil (Law 12.685 and BACEN Circulars)

The broad use of electronic forms of payment and the creation of innovative payment mechanisms such as electronic and digital money have led the national and international specialized regulatory agencies to act. In Brazil, Law 12.685 inaugurated the regulation. Afterwards, the legislation appeared in details in various circulars of the Central Bank of Brazil (BCB) of 2013 and 2014. The regulation is still under development, but several important conclusions have been reached for the practice of this economic sector. The matter is examined in the article written by Cesar Pereira, André Guskow Cardoso, Rubens Samuel Benzecry Neto and Luísa Quintão.

STJ – Administrative misconduct without government officer

The recent ruling of Superior Court of Justice on appeal 1.405.748 rejected the thesis that used to enlarge the concept of public official. Such thesis admitted private third parties as only defendants in administrative improbity lawsuits. Check out the comments written by Fernão Justen de Oliveira on the ruling.

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Book launch: Administrative Law Course – 12th edition

The publisher RT/Thomson Reuters has just launched the 12th edition of Administrative Law Course written by Marçal Justen Filho. The book presents a didactic exhibition on the main institutes of Administrative law, grounded on the principle of supremacy and non-waiveability of fundamental rights. The book combines theory and practice, including the most recent case law of the Supreme Court, Superior Court of Justice and Federal Court of Accounts, as well as legislative and regulatory innovations from the past months, which allows the reader to have a more satisfactory knowledge on Brazilian law. Check out the publisher`s website.

Arbitration in Commodities Market (London – 29th of April)

On 29th of April, the Arbitration and Mediation Center of the Federation of Industries of the State of Paraná (CAMFIEP in Portuguese) will promote in Londrina an event about Arbitration in Commodities Market: FOSFTA, GAFTA and other international and domestic systems. Dr. Frederick Favacho (Favacho, Massarente e Silva Jr.), Dr. Leticia Souza Baddauy (State University of Londrina/Baddauy Lawyers) and Dr. Cesar Pereira (CAMFIEP/Justen, Pereira, Oliveira and Talamini) will attend the event. Click here for more information. Registration is free. Only an e-mail needs to be sent to camfiep@camfiep.org.br.

Arbitration and Public Administration: choice of institutions and arbitrators by the Administration (São Paulo – 28th of April)

The Brazilian Arbitration Committee (CBAr) Study Group on Arbitration and Public Administration, supported by Brazil Infrastructure Institute, will promote on 28th of April a meeting to discuss the article entitled Public Administration and Arbitration: the relationship between the Arbitral Institutions and Arbitrators, written by Marçal Justen Filho. The meeting will take place at the office of Justen, Pereira, Oliveira & Talamini in São Paulo. The article will incorporate the first volume of the Brazilian Law Journal (RBA in Portuguese). During the meeting, Marçal Justen Filho will give a lecture on the matter, followed by the speech of Inês Coimbra (State Attorney’s Office of São Paulo) and Cristina Blaso (National Bank of Economic and Social Development). The Study Group coordinators, including Cesar Pereira, will be responsible for organizing the debates. Registration is free, but the places are limited. Learn more about the event here. In order to enroll, please send an e-mail to rsvp@brazilinfra.com.

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São Paulo
Jardim Botânico