Newsletter - Issue 118

IV National Forum of Law and Infrastructure (São Paulo – December 6 and 7)

On December 6 and 7, partners Marçal Justen Filho and Cesar Pereira participated in the IV National Forum of Law and Infrastructure, which was organized by the Brazilian Institute of Infrastructure Legal Studies (IBEJI in Portuguese) and took place in the headquarters of CREA-SP. Their lectures dealt with the New Public Procurement Law and Infrastructure and Updates about arbitration and the infrastructure market.

The fight against cartels in Public Biddings

Considering its function of reproaching economic offenses, fighting against cartels in public biddings is one of the main Administrative Counsel of Economic Defense’ lines of action. Check out the summary of the article written by Law student Doshin Watanabe on the matter. The student wrote the text in order to participate in the selection process for an Exchange Program of CADE, in which he was approved.

Book launch: The Water Crisis and Law (São Paulo – December 19)

On December 19 the 2nd edition of The Water Crisis and Law (organized by Alexandre da Cunha Filho, Ana Rita de Figueiredo Nery and André da Motta Oliveira) will be launched. The book has articles written by Rafael Wallbach Schwind (Regulatory Tariffs and Sanitation: the case of tariff mechanisms for contingency in the water crisis of São Paulo) and Guilherme F. Dias Reisdorfer (Performance Government Contracts for the management of scarce resources: the variable remuneration technique and the efficiency contract). The book launch will take place at 6:30 pm, at Livraria da Vila in Alameda Lorena (1731), São Paulo.

Arbitration in Presidential Provisional Measure 752 of 2016

Presidential Provisional Measure 752 refers to arbitration both in cases of rebidding, by means of a submission agreement provided in a specific addendum (article 15, section III) as well as in cases of investment partnership agreements in general. In the latter, the arbitration clause may be provided in the original contract or it can later be included by a contractual amendment (article 25). Several issues concerning such provisions have been subject of discussion. Some have already been dealt with in Amendments 005, 023 and 078 to Presidential Provisional Measure 752 and they will be considered in the process of converting PPM 752 into law. The proposed amendments require that the arbitration is at law – as opposed to arbitration in equity – and that it has Brazilian law (Amendment 005) as the applicable law; they exclude the apparent requirement of prior submission of the dispute to administrative courts provided in article 25 of PPM 752 (Amendment 023); and the provide for the participation of the Federal General Attorney’s Office in arbitration and settlements (Amendment 078)

Brazil’s Federal Senate has approved Bill 559/2013 (new General Government Procurement Law)

On December 13th, the Brazil’s Federal Senate approved Bill 559 in the second round of voting. The last substitute was subject of comments published on issues 116 and 117 of this Newsletter. The approved text is now submitted to the Chamber of Deputies. Check here the official comparison, released by the Senate, between Law 8.666 and successive versions of Bill 559, including the approved one.

The effects of Law 13.303 in the context of State-owned Companies

Law 13.303/16, which governs the legal status of state-owned companies (public-owned companies, mixed-capital companies and their subsidiaries), significantly changes the legal regime of these entities. The matter has already been the subject of a collective work with articles written by several public law specialists (Estatuto Jurídico das Empresas Estatais, RT, 2016). Check out the summary prepared by Marçal Justen Filho on the main effects of the new Law.

VII Petrônio Muniz Brazilian Arbitration Competition

The VII Petrônio Muniz Brazilian Arbitration Competition promoted by CAMARB and sponsored by Justen, Pereira, Oliveira & Talamini took place from 21 to 24 October 2016. The moot case involved a conflict arising out of the exclusion of a corporation’s minor shareholder. Justen associates Paulo Osternack Amaral (author of Arbitration and Government: procedural aspects, urgent relief and instruments of control, Fórum, 2012), Diego Franzoni (author of Intra-corporate Arbitration, RT, 2015) and Luísa Quintão participated in the competition as arbitrators. Diego Franzoni also arbitrated quarterfinal rounds. Justen interns Caroline Paglia Nadal and Izabela Moriggi Costa participated as speakers on behalf of UFPR and intern Ana Carolina Bariviera Barros was one of PUC-PR’s speakers.

FDI Moot 2016 (Buenos Aires – November 2016)

In the first week of November (3-6), the 2016 edition of the Foreign Direct Investment International Arbitration Moot (FDI Moot) was hosted by the University of Buenos Aires in Argentina. Amongst 53 participating teams, Brazil had two representatives in the top 5 (See more). The team representing PUC-SP, coached by Justen associate Luísa Quintão, placed 4th in the competition (check it here).

IEP Event: sanitation contracts (Curitiba – November 24)

Between 23 and 24 of November, the Engineering Institute of the State of Paraná organized an event about the Sanitation Contractual Relations – Project and Financing. Partners Fernão Justen de Oliveira and Alexandre Wagner Nester gave a lecture about the Legal Aspects of Public Procurement in the Sanitation Area, with focus on hiring projects.

FIEMG Event: debate about the amendments of the Public Procurement Law (Belo Horizonte – December 12)

On December 12, Marçal Justen Filho gave a lecture about the Recent Legal Amendments in the Public Biddings Regulatory Mark in Brazil: positive and negative aspects. The seminar, organized by the Industry Federation of the State of Minas Gerais (FIEMG), was entitled Regulatory Mark of Public Biddings in Brazil: hindrances and alternatives.

São Paulo
Jardim Botânico