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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. Pursuant to Municipal Decree No.

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

Kluwer Arbitration

According to the panelists, this should be done from the outset of negotiations to ensure legal certainty for all parties involved. He emphasized: “ a dialogic understanding regarding the relationship between private individuals and the public administration ”.