INTERNATIONAL ARBITRATION 1/3LY
IN CONVERSATION WITH JOÃO BOSCO LEE 17
IN CONVERS AT ION WI TH JOÃO BOSCO LEE INDEPENDENT ARBI TRATOR AND MEMBER OF THE I CC INTERNAT IONAL COURT OF ARBI TRAT ION Peter Hirst, Partner at Clyde & Co, in conversation with Professor João Bosco Lee, Independent Arbitrator and member of the ICC International Court of Arbitration
BR A Z I L : A N A P PROPR I AT E V ENUE F OR A RB I T R AT I ON?
in Brazil, whereby arbitration specialists have becomemore available, Brazilian companies have becomemuchmore comfortable with arbitration both at home and abroad. With our national clients becoming involved in ever increasing volumes of international trade, it is inevitable that arbitration will continue to prosper. PE T ER What are the common seats and rules selected by Brazilian parties in international arbitration? For example, ICC statistics show that Brazilian parties are the fourth largest user, by nationality, of ICC arbitration. BOSCO That ICC statistic reflectsmy experience which is that currently there is a discernable preference among Brazilian parties towards ICC Arbitration Rules. There is also no doubt that Brazilian Parties have a preference for Brazil as a seat of arbitration, especially São Paulo and Rio de Janeiro. For those contracts where a Brazilian seat is not an option, the preferred choices are London and Paris in Europe; and New York andMiami in the United States. PE T ER Based on your experience as an arbitrator, do Brazilians parties fully understand (and complywith) principles developed by the wider international arbitration community? BOSCO The practice of international arbitration in Brazil has adopted several rules from the wider international arbitration practice such as, witness statements, cross examination and use of the Redfern schedule. Despite this, there is still some resistance to the application of some internationally recognised practices, such as discovery.
PE T ER Brazil – the B in BRIC, and the world’s seventh largest economy – did not, until recently, have a very good reputation as a venue for arbitration. Was that deserved? BOSCO For a country to become recognised as a reliable venue for international arbitration it is necessary to have in placemodern arbitration legislation, favorable case lawand to be a signatory of the 1958 New York Convention. Brazil adopted the requisite legislation in 1996 but it was challenged on grounds of constitutionality before the Supreme Court which didn’t deliver its final decision on the constitutionality of the Brazilian Arbitration Lawuntil 2001. Since this decision, arbitration has steadily becomemore established through milestones including Brazil’s accession to the New York Convention in 2002 and, more recently, the consolidation of case law supporting arbitration by the national courts. I would say Brazil is nowdefinitely an important place to consider as a venue for international arbitration. PE T ER The number of international arbitrations involving Brazilian parties has increased over the past years and indeed Clyde&Co has seen a very considerable increase inwork from Brazil. We have a teamof eight Brazilian qualified attorneys in London engaged in arbitrations with seats in London, New York, Paris and Geneva. It seems obvious that arbitration has become more popular with Brazilian clients. Do you agree? BOSCO As discussed, Brazil has the necessary legal framework for the development of arbitration. Together with the economic growth and the consolidation of legal practices
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