Edson de Souza
Patent Attorney, Momsen, Leonardos & Cia, Rio de Janeiro, Brazil
Parties often agree to arbitrate their disputes for a multitude of reasons: arbitration is generally faster and cheaper than court litigation; confidentiality, or rather, disputes are decided out of public view, thereby preserving business reputation and protecting any trade secrets and company records; and the arbitrators may have particular expertise relevant to the dispute compared to the regular training of judges. Further, when it comes to international disputes, neither party may be comfortable with the national courts of the other party, thereby agreeing on a neutral forum.
In Brazil, the rules governing arbitration have dramatically changed and strong efforts have been made for the development and use of arbitration. In fact, it had to, since a country like Brazil, which is more and more involved in the fabric of international trade, cannot be isolated from the rest of the international community, thereby making it difficult for its businessmen to enter into international commercial agreements. Also, the interest in mediation has increased and a bill is to be presented before the Brazilian Parliament.
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