Newsletter - Issue 130

3rd Conference on International Arbitration and the CISG (Guadalajara, 9 February)

On February 9 and 10, 2018, Cesar Pereira will participate in the third International Conference of Universidad Panamericana de Guadalajara (Mexico) on International Arbitration and the CISG (UN Convention on International Sales of Goods) and Universidade Positivo’s [Positivo University – Curitiba] preparatory competition (Pre-Moot) to the Willem C. Vis (Vienna) and Vis East (Hong Kong). His lecture will focus on Twilight Issues in Institutional and ad hoc Arbitration. The subject conjures the work recently developed by Professor George Bermann, of Columbia University, and has undergone several international discussions since 2016. For more information, click here.

FIDIC: new edition of the Rainbow Suite of Contracts

The Fédération Internationale des Ingénieurs-Conseils (FIDIC) launched in early December the new edition of the Rainbow Suite of Contracts, with updates on the red, yellow and silver books. The use of these models in Brazil, including in public infrastructure projects, is the subject of the analysis of Guilherme F. Dias Reisdorfer.

STJ (Superior Court of Justice): competence of the arbitrator for urgent measures

In the ruling issued on  REsp 1.586.383/MG, the STJ (Superior Court of Justice) reiterated the possibility of requesting the Judiciary to grant urgent measures before the commencement of arbitration. With the establishment of the arbitral tribunal, it was understood that the case shall be forwarded to the arbitrators, who may review the decision granted by the judge. Check out the reviews of Paulo Osternack Amaral about the subject.

Book launch

On 5 December, at the Associação Paulista dos Magistrados [São Paulo Magistrates Association], the publisher Quartier Latin launched the book “Law, Institutions and Public Policies”. The work was coordinated by partner Rafael Wallbach Schwind, by the Brazilian judge Alexandre Jorge Carneiro da Cunha Filho and the attorneys Rafael Hamze Issa and Andrew Titus. It encompasses several works produced by magistrates, justices, attorneys, scholars and members of the Public Attorney’s Office. Check it out here.

STF (Supreme Court): adversary proceedings and full defense (JOTA)

The principles of adversary proceedings and full defense  was the theme examined by the article of Marçal Justen Filho and Miguel Godoy, published in November in the column of Justen, Pereira Oliveira e Talamini at JOTA. The authors comment on the need of the Supreme Court (STF) to review  the precedent set forth by the appeal ARE 639.228 (Topic 424 – Dismissal of evidences in judicial proceedings). Click here to access the full article.

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