• Letícia de Souza Baddauy

The “state of the art” of the ADRs in Brazil

Last Monday, the National Council of Justice (Conselho Nacional de Justiça) published its annual repport about the Brazilian Courts. The numbers could be astonishing for someone who doesn’t live in Brazil.

There are, according to the repport, 80 millions judicial processes moving through the Court System. Even to a very large country, it is obviously a hard system to manage. Among other factors, the huge number of judicial processes causes a relevant delay in the conclusion of the law suits.

In order to avoid this “long journey”, several companies are looking for alternative methods to solve their disputes. The increase of interest in ADRs in Brazil is notorious.

In addition, the Brazilian legal framework is, at this point, very well developed. Not only the Brazilian Arbitration Act is about to complete 22 years, and received some amendments in 2015, but also a Mediation Act was created in this same year.

The local chambers of mediation and arbitration had also developed their regulations and increased their case manegement skills.

In the arbitration field, we could note that Brazil is the fifth country in number of proccedings at ICC. Since the arbitral commumity is getting more qualified, some Brazilian chambers have nowadays high profile and competent professionals in their boards and arbitrators lists. Brazil is being considered a interesting seat for international arbitrations.

Furthermore, mediation is becaming an attractive method of dispute resolution in the country. Some practioners have already refered to this movement as “the dawn of mediation in Brazil”.

Therefore, it seems that the country has in fact turned into a multidoor system of justice, what is great news for both Brazilians and foreing investors.

Letícia de Souza Baddauy

Founder partner

Retrieved from Lexology.

Originally published on August 29, 2018.