Brazil Business Mediation Congress: Changing the Way Brazil Resolves Conflict, CPR, 2013

On April 29,2013, CPR in association with Camarb and Pro-Acordo/Parceiros Brasil sponsered the first Brazil Business Mediation Congress in Rio de Janeiro at the auditorium of FGV DIREITO RIO. The objective of the Congress was to raise awareness in Brazil as to the availability and suitability of mediation as a method of resolving disputes. Shell, Ambev, GlaxoSmith Kline,  Swiss Re, Pinheiro Neto, Sergio Bermudes were among the supports of the event. Please read more about this successful Congress at
http://www.cpradr.org/AcrossBorders/BrazilCongress.aspx or Click  below to read an article in Portuguese. 

Public Notary Clerks to be mediators in Brazil?

Public Notary in Brazil is an office with powers  to certify documents, signatures, declarations as well as to retain contracts and wills for safekeeping. A tradition that continues to modern life. Now the Department for Internal Affairs of Justice in São Paulo wants the Notary Offices to be mediators too. The Bill (Provimento 17/2013) allows the Notary Public Servants to mediate, as if mediation is something to be bought over the counter. The São Paulo Bar Association has made a legal request asking to revoke this decision. Although it has been finally suspended, final decision is still pending. This Bill shows that mediation is still considered as something very trivial by authorities. Click read more to see topics in Portuguese.

The French Rothschild Case: A Threat for Unilateral Dispute Resolution Clauses?

The French Cour de Cassation invalidated a jurisdictional clause in the Rothschield case on the grounds that one of the contracting parties has the power to bring about or prevent the jurisdiction and therefore such clauses are void for lack of mutuality of obligation.This article published by Kluwer (by Maxi Scherer, Wilmer Cutler Pickering Hale and Dorr) explains the details of the case and why this is a concern since it was done in an important jurisdiction:
http://kluwerarbitrationblog.com/blog/2013/07/18/the-french-rothschild-case-a-threat-for-unilateral-dispute-resolution-clauses/

M&A Due Diligence In Latin America

M&A Due Diligence In Latin America, Matt Atkins, July 2013, Financial Times
The rapid growth of Latin American markets presents firms and investors with attractive business opportunities. But while M&A opportunities are plentiful, so too are the countries in the region viewed as ‘corruption prone’. Read more at: http://www.financierworldwide.com/article.php?id=10798                                       

The Accelerated Growth Program for Small and Medium Sized Business

Competitiveness is the ability to innovate your business. Private investments in Brazil make up 18.5% of GDP in the years 2011 and 2012. According to FIESP (the largest commercial association in Brazil) India and China invest 2 to 3 times more than this in their countries. Realizing this deficit, the Brazilian commercial community is proposing to add incentives for Brazilian Companies to become more competitive. This platform of incentives is called The Accelerated Growth Program for Small and Medium Sized Businesses  ("PAC-PME"). It is being developed on a pro-bono basis and it has been up and running since July 2012 by a supporting group consisting now of 153 entities.  See  Rodolfo Zabisky article:
http://www.pacpme.com.br/pacpme/web/conteudo_pti.asp?idioma=0&tipo=44348&conta=45&id=178439

10 Questions: New York as a Leading Arbitration Center

New York as a seat for international arbitration? Yes, of course! New York is one of the preferred centers for arbitration for its local infrastructure, impartial courts, pro-enforcement policy of arbitration awards and much more. Edna Sussman, Independent Arbitrator and Mediator, interviewed by "FW" explains that a new facility (New York International Arbitration Center) in New York City is available for arbitration and mediation and is at the disposal of lawyers, parties and neutrals. She stresses that are no restrictions on nationality or qualifications of those who will serve as an arbitrator, mediator or counsel in an international arbitration. Learn all about it by going to  http://www.financierworldwide.com/article.php?id=10877

Mediation Pros & Cons

Here is a very interesting article about the pros & cons of mediation with all the basic details of the process. Written by Prof. Kim Lovegrove FAIB partner Lovegrove Solicitors & Conjoint Professor University of New Castle. Should mediation be done at very beginning of the conflict? What are the commercial impacts?  When can a mediator be sued? These and other questions can be answered at:
http://www.jdsupra.com/legalnews/mediation-pros-and-cons-is-mediation-36573/

Innovation in the business of Law

Being different, an innovator thinking outside of the box is not for everybody. Lawyers and law firms are known to be very traditional. However, some professionals imagined ways to be different from others and they have dramatically changed their lives and law firms. You will love to read "Re-engineering the law firm", The American Lawyer's Top 50 Innovators, "Outside, Looking In", all from "The American Lawyer":
www.americanlawyer.com

Mediation Settlement Day ("MSD")

The New York City Bar will be celebrating the Mediation Settlement Day ("MSD") at a free kick-off event on Tuesday, October 8, 2013, from 5:45 to 7:00 pm at the New York City Bar (42 West 44th Street, New York, NY).  This year's Honorary Chairperson is Kenneth R. Feinberg. Kenneth R. Feinberg has been key to resolving many of our nation's most challenging and widely known disputes. 

Labor Laws in Brazil can be very complicated

The  protective employment  labor laws in Brazil can make business very complicated. Employment and labor laws can be found in many sources: The Federal Constitution; the CLT, the Brazilian Labor Act, a monster with a 1000 articles; The Collective Bargaining Agreement among Unions; Employment Contracts; and Sumulas, a rule from repetitive cases ("stare decisis"). The applicable law is where the workers are based and performed the activities, even if they are abroad and Court interpretation will be always what is mostly advantageous for the employee, even if he agreed differently in a contract.

Brazilians are not very happy with the way Government is spending money

Brazilians seem to be waking up from a deep slumber. It all started with the announcement of R$ 0,20 (10 cents) increase in the bus fare.  However the underlying issue taking hundreds of  thousands of people to occupy the streets in the main Brazilian cities is to protest against the misplaced priorities of the entire government that ignores the real needs of society such as poverty, education, health, crime and basic services. Government are spending billions in the overruns and delays in the programs for the World Cup. Click here to see important links to understand what is going on in Brazil right now.

Brasil Contemporâneo, Raízes Barrocas

Evento Multimídia nas Nações Unidas, Brasil Contemporâneo, Raízes Barrocas, Artes Visuais, Música  & Intervenção de Moda. A mostra tem como foco inicial, divulgar a Arte brasileira, através de uma exposição coletiva de artes visuais, música e uma intervenção de moda. Os artistas  selecionados são representantes da arte contemporânea brasileira, a qual vem se destacando cada vez mais no mercado internacional devido as suas particularidades estéticas.

2013 Cross Border M&A Advisor Symposium

The Cross Border M&A Summit is an exclusive annual forum for the global M&A community’s leaders. The 2013 event, May 13 - 14 has just happened in New York Athletic Club and brought keynote addresses, interviews, symposium sessions, workshops of key issues in the industry today such as technology, energy, healthcare, real state, consumer, luxury and retail in regional markets like Latin America, Europe, Asia and Latin America. The key notes and program: http://maadvisor.net/IMA/2013-IMA/2013-IMA-event-profile.pdf

Changing the way Brasil Resolves Conflicts

The International Institute for Conflict, Prevention & Resolution (Institute CPR)  will hold its first 2013 Brazil Business Mediation Conference, Changing the way Brasil Resolves Conflict, on April 29  in Rio de Janeiro, Brazil. Registration please visit: 
                                                      http://www.cpradr.org/Events/EventsMainPage/BrazilCongress.aspx

IX Conferência de Arbitragem Internacional do Rio de Janeiro

http://gearbpucminas.blogspot.com/2012/11/ix-conferencia-de-arbitragem.html

US seeks a mighty large umbrella

BLUESKY (Mediation & Law), February 18, 2013
The federal government is in the market for the world’s largest umbrella insurance policy.  Read more:  http://blueskymediationlaw.com/us-seeks-a-mighty-large-umbrella/?goback=%2Egde_3913415_member_215749726

U.S. State Department's Gold Stars' Tour Brings the Brazilian Music Coordinator Claudia Toni to Exchange Experiences

On the past Tuesday, February 19, 2013 the International Visitors Council of Philadelphia1 promoted a discussion and reception with Claudia Toni from Brazil.  She came in the United States and Philadelphia on the prestigious U.S. State Department's Gold Stars' Tour.

Brazilian exports in January 2013 reached the second best results ever

Source: Ministério do Desenvolvimento, Indústria e Comércio Exterior(1).   Translated by Vitoria Pinhas. The Brazilian exports in January 2013 had the second highest number for such period, and reached U.S. $ 15,968 billion. According to the government, The products that contributed to the good results were: ethanol (219.8%), frozen orange juice (126.2%), sugar (58.8%), cars (52.6%), ...

Secret Courts? The Delaware Court of Chancery Arbitration Experiment

The Delaware Chancery Court is at least a very interesting experiment. To broaden its ability to adjudicate business disputes, Delaware Chancery Court is sending to arbitration private and complex disputes confidentially, without public acess. This very interesting and hot-topic experiment was brought for discution by The Cardozo Journal of Conflic Resolution last thrusday, Feb 10 at the Cardozo Law School.

Doing Business in Developing Countries: The Importance of the Rule of Law

The New York City Bar promoted last February 5th a very interesting event  to discuss the UN proposal for a program that adopts a respected rule of law in international commerce and development. The "Rule of Law Initiative" is an action to ensure predictability and legitimacy  in the international relations.