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Arbitration With Public Entities in Brazil: Must Regulatory Agencies Participate?

Kluwer Arbitration

The STJ decision ruled not only on the possibility – and necessity – of a regulatory agency participating in arbitration proceedings between a concessionary and the relevant state entity but also on the limits of extending the effects of an arbitral award over a non-participating third party.

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The Third ICC Arbitration Conference for the Northeast of Brazil: Exploring the Region’s Full Potential

Kluwer Arbitration

The panelist noted that in the few cases where the ICC approved such payments, it was understood as compensation for the company itself, especially in complex cases where “ the participation of the in-house counsel would no longer fall within the ordinary cost of doing business ”.