Newsletter - Issue 82

CISG in Brazil – International Conference in Curitiba (March 19-20, 2014)

Registrations will soon open for the international conference on the CISG – UN Convention on the International Sale of Goods that will take place in Curitiba, Brazil, on March 19 and 20, 2014. Download the “save the date” to learn more about the event. The conference is organized by CAM-CCBC, CEJ/CJF, EMAGIS, Brazil Infrastructure Institute and Universidade Positivo. One of the highlights will be the opening keynote address by Professor Ingeborg Schwenzer. It will be held immediately before the VI Curitiba Pre-Moot, a preparatory event for the Willem C. Vis Moot (Vienna) and the Vis East (Hong Kong). Among the confirmed speakers are Cesar A. Guimarães Pereira and Eduardo Talamini. For information on sponsorship opportunities or how to register, please contact secretaria@brazilinfra.com.

Court of Appeals of Distrito Federal: bidding – joint agreement between companies – economic and financial skills

On October 16th, 2013, the Court of Appeals of Distrito Federal denied the appeal filed by the State and ruled that “companies which take part into a joint agreement in order to participate in public biddings must have their economic and financial skills examined jointly instead of in an isolated manner”. Such decision recognizes the importance of consortia in public biddings. Ricardo Barretto de Andrade analyzes the relevance of the decision for the adequate interpretation of article 33, III, of Law 8.666/1993.

Anti-corruption Law (Federal Law 12.846/2013)

Law 12.846, enacted in August, 2013, provides for the administrative and civil liability of legal entities which practice harmful acts against national or international governments. Check out here Marçal Justen Filho’s commentary on the new legislation.

Arbitration, CISG and Infrastructure

On November 7, Cesar A. Guimarães Pereira was part of a panel on arbitration in Latin America at Columbia University (check out). At the same university, he spoke on December 18 about the challenges in the application of the CISG – UN Convention on the International Sale of Goods to government purchases and sales (check out). On November 28, he participated in Rome, Italy, of a panel on investments in the transport sector at the Brasile Infrastruttura (check out), an event held jointly by the Brazilian Embassy in Rome and the Brazil Infrastructure Institute.

Annotated Code of Civil Procedure – OAB/PR

On December 6th, the Annotated Code of Civil Procedure was launched, and it is now available for free download at the OAB/PR website. This work was prepared by experts in civil procedure from Paraná.  Eduardo Talamini, Felipe Scripes Wladeck and Paulo Amaral Osternack Amaral are among the authors.

Federal Court of Accounts: referential costs (SICRO and SINAPI)

The Budgetary Guidelines Law requires compliance with lists of reference costs, especially SICRO and SINAPI, to guide the conclusion or modification of contracts relating to construction or engineering services. However, both the statute and the Federal Court of Audit caselaw recognize the need to evaluate the adequacy of the reference list to each specific situation in order to avoid distortions. To learn more on this subject, read here the article by Rodrigo Goulart de Freitas Pombo.

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