Dispute Resolution

Contract Law: Force Majeure and Hardship in Brazil

Quick read: The coronavirus (COVID-19) outbreak has caused major disruptions to businesses around the world, especially to supply chains and sales. Brazilian law can protect...

The New Brazilian Franchising Law

Quick Read: On 27 December 2019, the new Brazilian Franchising Law (“BFL”) was officially published. This Law replaces in full the previous Franchising Law. The BFL is more...

Litigation in Brazil: Unusual Features

Litigating in Brazil is very different from litigating in common law jurisdictions. Below I address some of the more usual features that you are likely to face in litigation in...

Appointing an Agent (Sales Representative) in Brazil

Quick Read: Agents under Brazilian law: An agent under Brazilian law is a person or legal entity that brokers commercial deals on a regular basis. Mandatory rules: There are court...

Brazil’s Economic Freedom Law

On 21 September 2019, Law 13,874/2019 came into force. Nicknamed the Economic Freedom Law, it marks a major move towards greater economic freedom and a more...

Updated: Hague Evidence Convention in Force in Brazil

The Convention on the Taking of Evidence Abroad in Civil or Commercial Matters (commonly known as “The Hague Evidence Convention”) on 9 April 2014 and it has been in force in...

Translation of Declaration of Rights of Economic Freedom

Below in italics is my translation of Chapter II of Law 13,874/2019, together with links. This Law marks a major shift in the way business law is to be interpreted in Brazil, so...

State of São Paulo Approves Arbitration for Government Contracts

Well-regarded arbitration institutions may be chosen to resolve disputes with the State. On 1 August 2019, Decree 64,356/2019 was published in the São Paulo Gazette and came into...

Hague Service Convention Now in Force

The HCCH’s Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (commonly known as the “Hague Service...

Changes to the Civil Code: Easier Removal of Directors (Administradores) and Minority Shareholders

Law 13,792/2019 (gazetted on 3 January 2019) was one of the first Bills signed into Law by President Bolsonaro. The Law amends the Civil Code. Now if a director (administrador) of...