International Arbitration in Brazil
Bilingual, US-licensed Brazilian counsel for parties pursuing or defending international arbitration with a Brazilian connection — institutional or ad hoc, seated in Brazil or abroad. From arbitration clause drafting to recognition and enforcement of foreign arbitral awards before the Superior Tribunal de Justiça (STJ).
International arbitration is the preferred dispute resolution mechanism for cross-border commercial contracts touching Brazil. Brazilian courts respect arbitral autonomy; Brazilian arbitration law (Lei 9.307/1996, as amended by Lei 13.129/2015) is fully aligned with the UNCITRAL Model Law; and Brazil has been a signatory to the 1958 New York Convention since 2002. The Brazilian arbitration market is one of the most active in Latin America, with São Paulo and Rio de Janeiro hosting some of the region’s leading institutions — the Câmara de Comércio Brasil-Canadá (CAM-CCBC), the Câmara FGV, the Câmara AMCHAM-Brasil, and the B3 Arbitration Chamber — alongside a steady pipeline of ICC, LCIA, ICDR, SCC, and SIAC matters with a Brazilian connection.
Oliveira Lawyers acts as counsel, co-counsel, and Brazilian local counsel in international arbitration matters where a Brazilian party, a Brazilian-law-governed contract, a Brazilian seat, or a Brazilian asset is involved. Our practice serves three audiences: foreign companies and family offices with disputes that touch Brazil; foreign law firms leading international arbitrations who need Brazil-side counsel on Brazilian law issues, evidence, or enforcement; and Brazilian companies pursuing claims abroad against foreign counterparties.
This page describes what we do, how we work, and the specific situations where we help. If you have a current matter or a contemplated one, the fastest way to engage us is a conflict-clearance call — twenty to thirty minutes, no fee.
Content reviewed by Luciano Oliveira, LL.M., attorney licensed in Brazil (OAB/SP 38257), Texas, and California. Last updated: May 2026.
Practice scope
We handle international and domestic commercial arbitration across the full lifecycle of a dispute — from the drafting of arbitration clauses, through pre-arbitration negotiation and emergency measures, to award enforcement and post-award proceedings before Brazilian courts.
| Service | What we handle |
|---|---|
| Arbitration clause drafting and review | Stand-alone and contract-embedded clauses; seat, language, governing law, institutional rules, number of arbitrators, multi-tier escalation, carve-outs for injunctive relief, ITCMD and tax-clause implications. |
| Pre-arbitration strategy | Dispute assessment, evidence preservation, witness mapping, jurisdictional positioning, settlement negotiation under privilege, choice of forum analysis. |
| Counsel and co-counsel in arbitration | ICC, LCIA, ICDR, SCC, SIAC, CAM-CCBC, FGV, AMCHAM, B3 Arbitration Chamber, ad hoc proceedings; institutional and ad hoc; party-appointed and tribunal-appointed roles. |
| Brazilian local counsel for foreign-seated arbitrations | Brazilian law expert opinions, evidence collection in Brazil, document discovery support under LGPD, party witness preparation, coordination with the foreign lead-counsel team. |
| Recognition and enforcement of foreign arbitral awards | STJ homologation proceedings under Articles 960–965 of the Civil Procedure Code, coordination with foreign award-creditors, asset tracing, post-homologation execution. |
| Provisional measures in aid of arbitration | Article 22-A judicial measures before and during arbitration, emergency arbitrator proceedings under institutional rules, asset freezes, evidence preservation orders. |
| Set-aside and annulment proceedings | Article 32 challenges, defense of awards against set-aside, public-policy and procedural-irregularity defenses. |
| Expert declarations on Brazilian law | Declarations for use in arbitrations seated abroad and in foreign court proceedings, prepared in the format expected by US federal courts, English High Court, and major arbitral institutions. |
Types of arbitration we handle
International commercial arbitration
ICC, LCIA, ICDR-AAA, SCC Stockholm, SIAC Singapore, and ad hoc proceedings under UNCITRAL Rules. Typical matters: post-M&A indemnity and earn-out disputes, joint-venture deadlock and oppression claims, distribution and franchise termination disputes, technology licensing and IP royalty disputes, supply-chain breach claims, and cross-border services agreements.
Brazil-seated institutional arbitration
CAM-CCBC, FGV, AMCHAM-Brasil, B3 Arbitration Chamber, CIESP/FIESP Arbitration and Mediation Chamber. Commercial, construction, energy, infrastructure, M&A post-closing, and shareholder disputes. We act both as lead counsel for Brazilian and foreign parties and as co-counsel alongside foreign firms.
Construction and infrastructure arbitration
One of the largest single categories in the Brazilian market. FIDIC Red, Yellow, and Silver Book contracts; large EPC disputes; public-private partnership concession disputes; port, airport, and stadium infrastructure disputes; subway and transmission line construction disputes. We coordinate with quantum experts and delay analysts to build the evidentiary record.
Energy, oil and gas, and mining arbitration
Exploration and production (E&P) contract disputes, take-or-pay and off-take disputes, equipment supply and warranty disputes, regulatory pass-through and force majeure disputes. We coordinate with technical experts on reservoir engineering, geology, and metallurgy as the matter requires.
Investment treaty considerations
Brazil has not ratified the ICSID Convention. Brazilian investment protection is structured around Cooperation and Facilitation Investment Agreements (ACFIs), negotiated since 2015 with countries including Mexico, Colombia, Chile, Peru, Angola, Mozambique, Ethiopia, Suriname, the United Arab Emirates, India, and Morocco. We advise on the available investment-protection structures, treaty-shopping considerations for foreign investors, and the interaction between treaty claims and contractual arbitration.
Multi-tier dispute resolution clauses
Where contracts require negotiation, mediation, or expert determination before arbitration may begin, we manage the pre-arbitration phases, document compliance with each tier, and protect the procedural timeline so that an opposing party cannot later challenge jurisdiction on tier-skipping grounds.
Emergency arbitrator and provisional measures
ICC emergency arbitrator proceedings, CAM-CCBC urgent measures under Article 8 of its rules, and judicial provisional measures in Brazilian state courts in aid of arbitration under Article 22-A of Lei 9.307/96. Typical relief: asset freezes, banking-account blocks, evidence preservation orders, search-and-seize orders against perishable records.
How we help — specific situations
Situation 1 — You have a contract with a Brazilian counterparty and want to ensure the arbitration clause works
A poorly drafted arbitration clause is the most common cause of jurisdictional disputes. Common drafting errors we correct: institutional rules selected without specifying the institution, language not stated, seat omitted, governing law inconsistent with the seat, escalation tiers without trigger mechanics, carve-outs that swallow the rule, and signature blocks that fail Brazilian formal-validity requirements for arbitration consent. We draft and review clauses against Brazilian law requirements and against the chosen institutional rules to ensure the clause survives a jurisdictional challenge.
Situation 2 — A dispute has arisen and you are deciding whether to arbitrate
We provide a dispute-strategy memorandum identifying the available forums (arbitration vs. Brazilian courts vs. foreign courts), the timing implications of each, evidence-preservation steps required immediately, the expected counter-strategy from the opposing party, and a budget range for the contemplated proceeding. The memorandum is delivered under privilege and is suitable for circulation to senior management or the board.
Situation 3 — You are leading an international arbitration outside Brazil and need Brazil-side support
We act as Brazilian local counsel to foreign law firms. Typical work product: Brazilian law expert opinions and declarations (in the format expected by ICC, LCIA, ICDR, and SCC tribunals); evidence collection in Brazil, including coordination with Brazilian witnesses, sworn translators, and Brazilian forensic experts; document discovery support including LGPD-compliant cross-border data transfer; and procedural support for any required Brazilian court filings (provisional measures, evidence-preservation orders).
Situation 4 — You have a Brazilian arbitral award and need to enforce it abroad
We coordinate with foreign enforcement counsel and provide the Brazilian-side support required for enforcement under the New York Convention in the chosen enforcement jurisdiction. Typical work: authenticated and apostilled copies of the award and the arbitration agreement, sworn translations into the enforcement-jurisdiction language, Brazilian-law support memoranda on issues that may be raised by the award-debtor, and asset tracing where required.
Situation 5 — You have a foreign arbitral award and need to enforce it in Brazil
Recognition of foreign arbitral awards in Brazil is processed by the Superior Tribunal de Justiça (STJ) under Articles 105(I)(i) of the Federal Constitution and Articles 960–965 of the Civil Procedure Code. The review is procedural-only — Brazilian courts do not reopen the merits. We prepare the petition (including the authenticated and apostilled award, the arbitration agreement, sworn Portuguese translation, and supporting documentation), respond to defenses commonly raised by Brazilian debtors (improper service, lack of arbitration agreement, public policy, due-process violations), and pursue post-homologation execution in the appropriate Brazilian state court.
Situation 6 — A Brazilian court has been seized in violation of an arbitration clause
Brazilian law strongly protects arbitral autonomy. Under Article 485, VII of the Civil Procedure Code and Article 8 of Lei 9.307/96 (separability and competence-competence), a Brazilian court must decline jurisdiction if a valid arbitration clause exists. We file the jurisdictional challenge promptly, preserving the arbitration clause and the client’s contractual rights, and coordinate with arbitration commencement in the chosen forum.
Situation 7 — You need provisional measures in Brazil to protect a pending or contemplated arbitration
Article 22-A of Lei 9.307/96 expressly authorizes Brazilian state courts to issue provisional measures before constitution of the arbitral tribunal, with effects subject to confirmation, modification, or revocation by the tribunal once constituted. Typical measures: asset freezes against Brazilian counterparties, banking-account blocks via the BACENJUD/SISBAJUD system, evidence-preservation orders, search-and-seize orders for perishable records, and travel restrictions in extreme cases. We coordinate filings across multiple state courts where assets are dispersed.
Situation 8 — You are defending a set-aside or annulment proceeding in Brazil
The grounds for setting aside a Brazilian-seated arbitral award are exhaustively listed in Article 32 of Lei 9.307/96 and are narrow. They include nullity of the arbitration agreement, improper appointment of arbitrators, scope-exceeding awards, violation of public policy, and procedural-irregularity grounds where the irregularity affected the outcome. We defend awards against set-aside, drawing on the consistent line of STJ decisions limiting judicial review of arbitral awards.
The Brazilian arbitration framework
Lei 9.307/1996 — Brazil’s Arbitration Act
Brazil’s Arbitration Act is closely aligned with the UNCITRAL Model Law. The 2015 amendments (Lei 13.129/2015) expanded the scope to cover disputes involving the public administration, codified the emergency arbitrator and Article 22-A provisional measures regime, and clarified the interaction between arbitration and judicial proceedings. The constitutionality of the Act was definitively affirmed by the Supreme Federal Court (STF) in 2001, and Brazilian courts have since developed a consistent line of pro-arbitration jurisprudence.
Recognition and enforcement of foreign arbitral awards
Brazil has been a party to the 1958 New York Convention since 2002 (Decree 4.311/2002). The Superior Tribunal de Justiça (STJ) has exclusive jurisdiction over recognition of foreign arbitral awards. The proceeding is largely procedural — the STJ does not review the merits. Common defenses raised by Brazilian debtors include: lack of a valid arbitration agreement; improper service of the arbitration notice; arbitrator-appointment irregularities; scope-exceeding awards; and public-policy violations under Article 39, II of Lei 9.307/96. The STJ has consistently construed the public-policy defense narrowly.
The leading institutions
CAM-CCBC (Câmara de Comércio Brasil-Canadá Arbitration and Mediation Center). Brazil’s most established arbitration institution. Administers hundreds of arbitrations annually, with a heavy concentration in construction, energy, infrastructure, and shareholder disputes. Strong administrative support and a deep arbitrator roster.
Câmara FGV (Câmara de Mediação e Arbitragem da Fundação Getúlio Vargas). Academic and commercial pedigree, active in financial and commercial disputes.
Câmara AMCHAM-Brasil. Strong in commercial disputes involving US-Brazil counterparties; the chamber maintains close ties with American Chamber of Commerce members.
B3 Arbitration Chamber. Specialized in capital markets, securities, and listed-company disputes. The mandatory forum for disputes among listed companies under Novo Mercado listing rules.
CIESP/FIESP Arbitration and Mediation Chamber. Strong in industrial and manufacturing disputes, particularly in the São Paulo industrial corridor.
Confidentiality
Brazilian arbitration is generally confidential by default, and institutional rules typically reinforce confidentiality. Court proceedings supporting arbitration (provisional measures, set-aside, enforcement) may be filed under judicial seal where confidentiality is essential, subject to the court’s review. We handle confidentiality protocols with the same discretion expected by international counsel.
What makes our arbitration practice different
The Brazilian arbitration market is dominated by a small number of large generalist firms and a growing list of boutique arbitration practices. Our position within that market is deliberate.
Bilingual at partner level. Partners on this practice draft, argue, and cross-examine in Portuguese and English. Spanish is available across the team. Submissions, opinions, and procedural correspondence are produced in the language the tribunal directs — without translation lag and without delegating partner-level work to bilingual associates.
US bar admissions where they matter. Luciano Oliveira is admitted in Texas and California in addition to Brazil. For US-based parties and foreign-firm co-counsel, that credential means engagement letters that look like US engagement letters, communications that translate cleanly across professional cultures, and seamless coordination on US-related enforcement and parallel proceedings.
Construction, energy, and M&A sector experience. The matters our team has worked on cluster in the sectors that drive Brazilian arbitration volume — large infrastructure, energy off-take, post-M&A indemnity, and shareholder disputes. We understand the technical witnesses, quantum methodologies, and regulatory backdrop that these disputes require.
A single workplan with foreign counsel. When we act as Brazil-side counsel, we report to lead counsel on the cadence and in the format the foreign firm prefers. The client sees one workplan, one set of deliverables, one invoice flow.
Litigation back-end. Our Brazilian litigation team handles court support for arbitration matters — provisional measures, evidence preservation, post-award enforcement, set-aside defense — without requiring referral to another firm. The arbitration and litigation teams sit together.
How to engage Oliveira Lawyers on an international arbitration matter
Three ways to start the engagement.
1. Conflict-clearance call. Twenty to thirty minutes by video or phone. No fee. You describe the parties, jurisdictions, and shape of the matter; we run conflicts and confirm fit within 24 to 48 hours.
2. Scoping memo for complex matters. If the matter is multi-jurisdictional or fact-heavy, we deliver a two-to-four-page scoping memo identifying the Brazilian-side workstream, deliverables, timeline in business days, and a USD fee proposal. No fee for matters that proceed.
3. Engagement letter. Issued in English on Oliveira Lawyers letterhead, signed by a named partner. Fixed fee, capped fee, hourly with monthly cap, or hybrid structures. Invoices in USD by default.
Frequently asked questions
Is Brazilian arbitration law similar to the UNCITRAL Model Law?
Yes. Lei 9.307/96, as amended by Lei 13.129/2015, follows the UNCITRAL Model Law closely, with some Brazilian-specific provisions, including expanded scope for public-administration disputes and codified emergency arbitrator and judicial provisional-measures procedures.
Are foreign arbitral awards enforceable in Brazil?
Yes. Brazil has been a signatory to the 1958 New York Convention since 2002. Foreign awards are enforced through STJ homologation, a procedural-only review. Once homologated, the award is enforceable in Brazilian state courts in the same way as a domestic execution title.
Is Brazil a signatory to the ICSID Convention?
No. Brazil has not ratified the ICSID Convention. Brazilian investment protection is structured around Cooperation and Facilitation Investment Agreements (ACFIs) negotiated since 2015 with a growing list of partner states.
Can Brazilian courts review the merits of an arbitral award?
No. Brazilian courts are limited to the set-aside grounds in Article 32 of Lei 9.307/96 (procedural and public-policy grounds). Merits review is not available, and the STJ has consistently rejected attempts to convert set-aside proceedings into substantive appeals.
Can we use ICC, LCIA, ICDR, SCC, or SIAC in Brazil?
Yes. International institutions routinely administer arbitrations seated in São Paulo, Rio de Janeiro, and Brasília. Brazilian courts respect institutional rules and the parties’ choice of seat. We act as counsel and co-counsel under all major institutional rule sets.
What is CAM-CCBC?
The Câmara de Comércio Brasil-Canadá Arbitration and Mediation Center, Brazil’s most established arbitration institution. CAM-CCBC administers hundreds of arbitrations annually, with a heavy concentration in construction, energy, infrastructure, and shareholder disputes.
Can a Brazilian court issue provisional measures in aid of arbitration?
Yes, under Article 22-A of Lei 9.307/96. Provisional measures may be requested before constitution of the arbitral tribunal or after, where the tribunal cannot act with sufficient speed. Once the tribunal is constituted, it may confirm, modify, or revoke the court-issued measure.
What does a Brazilian local counsel role typically include?
Brazilian law expert declarations and opinions, evidence collection in Brazil, coordination with sworn translators and court-appointed experts, LGPD-compliant cross-border data transfer, provisional measures filings, post-award enforcement, and substantive Brazilian law analysis on contract, corporate, regulatory, or tort issues that arise in the arbitration.
What does a Brazilian arbitration cost?
Costs depend on the institution, amount in dispute, and arbitrator-panel size. CAM-CCBC and the other leading Brazilian institutions publish sliding-scale fee tables on their websites. Counsel fees vary by matter complexity; we offer fixed-fee, capped-fee, hourly-with-monthly-cap, and (for collection-type matters) success-linked structures. The right structure is selected matter-by-matter and identified in the engagement letter.
How long does a Brazilian arbitration take?
Median timing is 18 to 30 months from filing to final award. Construction and large M&A disputes can exceed 36 months. Emergency arbitrator decisions are typically issued within 15 to 30 days of appointment. STJ homologation of foreign arbitral awards typically takes 12 to 24 months from filing.
Can our existing arbitration agreement be amended to add a Brazilian counterparty?
Yes. Amendments to arbitration agreements are valid under Brazilian law when made in writing and signed by the parties bound. We routinely draft amendment instruments where a Brazilian entity is added to an existing multilateral contract or where the seat or institutional rules are being changed.
Are class arbitrations available in Brazil?
Class arbitration is not a developed instrument under Brazilian law; the more common Brazilian collective-redress mechanism is the public civil action (ação civil pública) in the judicial courts, brought by the Ministério Público or qualified associations. Where collective claims arise in a contractual setting, we structure the dispute strategy around the available judicial and arbitral instruments together.
Speak with our arbitration team
For a confidential conflict-clearance call or to discuss a contemplated or current arbitration matter:
Luciano Oliveira, Managing Partner
[email protected]
+1 (214) 432-8100
+55-21-2018-1225
- Schedule a call directly
- Submit a matter for scoping
- Request a Brazilian law expert opinion or declaration
We act for parties who treat international arbitration as a strategic instrument — and for the foreign counsel who lead them.