Newsletter - Issue 123

Med-Arb clauses and art. 22-A of Law N. 9.307 of 1996

Our firm has recently obtained an important decision from the State Court of Federal District and Municipalities (TJ-DF). The ruling dealt with the problem of how to apply article 22-A of Law 9.306/96 (within 30 days to initiate arbitration) in the case where the arbitration clause contains a previous mandatory mediation provision (clause Med-Arb) or even in the case where parties voluntarily opt for mediation. Here, the author of the interim measure obtained a preliminary injunction and, within a period of 30 days, initiated mediation proceedings. The decision acknowledged that this initiative was sufficient to comply with art. 22-A of Law 9.306 and established a maximum term of three months for the conclusion of the mediation. The Court reaffirmed the legal preference for consensual means of settling disputes and ensured the party`s right to submit the dispute to mediation without losing the effectiveness of the injunction relief. This subject matter is practically unknown in the Brazilian doctrine and there is no news of precedents.

Modifications in the regulation of the port sector – Decree 9.048

On May 10 it was issued the Decree 9.048, which introduces a series of changes in the regulation of the Law of Ports (Law 12.815). For an analysis of the main modifications of the regulation system, check out the article by Rafael Wallbach Schwind.

Port and maritime law – institutional video

Justen, Pereira, Oliveira & Talamini is a sponsor of the International Bar Association – IBA port and maritime law Congress. In the event, the institutional video will be presented with the main highlights of the office`s performance. Watch it and learn more about our activities developed in this sector.

Launching of the 2nd edition of the book Provas

The editor Revista dos Tribunais has just released the 2nd edition of the book “Provas: atipicidade, liberdade e instrumentalidade“, by Paulo Osternack Amaral. The first edition was launched at the end of 2015, even before the entry into force of the new Code of Civil Procedure. The practical and didactic character of the work resulted in its depletion, allowing the launch of a new revised, expanded and updated edition, based on the experience of the first year’s validity of the Law. The work is available for purchase on the RT bookstore website.

Experts Meeting (GPA / WTO) – Electronic Bidding (Geneva – June 19-21)

At the invitation of the European Bank for Reconstruction and Development (EBRD), Cesar Pereira will speak about electronic bidding in Brazil during the experts meeting that will take place at the WTO in Geneva from June 19 to 21. The event is an initiative of the EBRD in cooperation with the Goverment Procurement Agreement (GPA) team of the World Trade Organization (WTO).

Public Procurement: Global Revolution VIII (Nottingham – 12 and 13 June)

The University of Nottingham, through its Public Procurement Research Group, will hold the “Global Revolution VIII” Congress on 12 and 13 June at the East Midlands Conference Center. The event brings together great specialists in bids and contracts with the public sector of several countries and is completing twenty years since its first edition. Justen, Pereira, Oliveira & Talamini will be represented by Cesar Pereira (speaking on “Offset agreements in Brazil” in the panel “Fair returns vs. Offsets” on the 13th) and Rafael Wallbach Schwind (speaking on “Debarment and self-cleaning in Latin America” in the “Anti-corruption tools” panel on the 12th). For more information, click here.

Arbitration at MP 752 – CIArb/CAM-CCBC Seminar (São Paulo – June 6th)

A seminar on the innovations of MP 752 – recently approved and in the process of presidential sanction – will be held on June 6th from 9AM to noon at CAM-CCBC in São Paulo. The event is a joint initiative of CIArb – Chartered Institute of Arbitrators and CAM-CCBC – Arbitration and Mediation Center of the Brazil Canada Chamber of Commerce. Cesar Pereira will be one of the speakers. Click here for more information about the seminar and how to apply. Registratios are free but vacancies are limited.

3rd Congress on the New CPC (Curitiba – June 5 to 7)

From June 5 to 7, OAB and ESA will again promote the Congress on the new CPC. Coordinated by Eduardo Talamini, this year’s event has a new format: panels with renowned professors will debate concrete problems of the current Brazilian civil procedure, seeking to find solutions. Paulo Osternack Amaral will also participate as moderator of one of the panels. Enrollment remains open. For more information click here.

Public works in times of crisis – FGV (Rio de Janeiro – June 5th)

On June 5th, FGV Projetos will hold the Seminar “Public Works in Times of Crisis”. Rafael Wallbach Schwind will be the moderator of the panel “Environmental Licensing and Recover of Public Works”, which will feature presentations by Ministers Sarney Filho and Herman Benjamin, and by one of BNDES’ Director Marilene Ramos. The event will take place from 9AM to 6:30PM., at the FGV Cultural Center (Praia de Botafogo, 186, Rio de Janeiro-RJ). Click here for more information.

15th Brazilian Forum on Public Procurement and Public Management (Brasilia – June 2nd)

On June 2nd, Marçal Justen Filho will participate in the “15th Brazilian Forum on Public Procurement and Public Management”, delivering a lecture on “Administrative procurement and public governance: an indispensable evolution”. The event, organized by Editora Fórum, wil be in Brasilia. Click here for more information.

Governance in state-owned enterprises – PUC / PR (Curitiba – June 1)

The event “Governance of State-Owned Companies under Law and Economics” will be held on June 1st, organized by the Law School of PUC/PR with the support of CASP and ADEPAR – Associação Paranaense de Direito e Economia. Rafael Wallbach Schwind will be one of the speakers of the event, which will be held from 9AM in the Salão Nobre of the Law School building at PUC-PR. The registrations are free and can be done through the email direito.economia.pr@gmail.com.

Seminar: The new State-owned enterprises Law (Brasília – May 29)

Marçal Justen Filho will participate in the panel regarding “Performance of State-owned Enterprises in the Economic Domain: Brazilian Capitalism” of the Seminar “The New State-owned enterprises Law”, organized by FGV Projetos, under the scientific and academic coordination of Minister Benjamin Zymler of the TCU [Federal Court of Accounts]. The event will be held on May 29 at the auditorium Pereira Lira of the Federal Court of Accounts, in Brasilia. Click here for more information.

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