"Twilight issues" na Arbitragem Internacional

Twilight issues in International Arbitration

The Brazilian arbitration market has experienced a significant growth for the last decades, making Brazil a major player in this field. The development of Brazilian arbitration is due to a modern legislation (promulgated in 1996 and amended in 2015), correctly applied by national courts, with the Superior Court of Justice (STJ) playing a major role in such regard. Within this legal framework, the 1958 New York Convention was adopted by Brazil in 2002 and further aligned the country with the best international practices.

In this context of expressive growth, Brazilian companies are increasingly choosing arbitration to solve their disputes, whether in Brazil or abroad, which usually entails the application of rules from other countries. The practice of arbitration has become increasingly transnational, with application of rules from different legal systems. Therefore, the definition of the applicable law is one of the challenges for professionals in this market, particularly in topics not usually discussed, such as res judicata, lis pendens, antiarbitration injunctions, interim relief, iuria novit curia, arbitrability, etc.  These are the so-called “Twilight issues” of international arbitration, according to the research project headed by Prof. George Bermann (Columbia University).

Actively engaged in such debate, as a cutting-edge discussion in the field of  international arbitration, FGV DIREITO SP accepted the invitation of Prof. Bermann to host the first Latin American meeting of this project, which had previously been hosted by renowned international academic institutions such as Sciences Po, in Paris, and the Queen Mary University of London, in London.


Coordinators of the event:

George Bermann (Columbia University)

André Abbud (FGV DIREITO SP)

Rafael Alves (FGV DIREITO SP)



9:00-9:30 – Welcome coffee

9:30-9:45 – Introduction by George Bermann

9:45-11:15 – Panel 1 - Res judicata and estoppel, statute of limitations, anti-suit injunctions

Speakers: Andrés Jana, Leonardo Campos Melo, Luiz Olavo Baptista

Moderator: George Bermann

11:45-1:15 – Panel 2 - Waiver of the right to arbitrate, non-signatories, non-arbitrability, applying mandatory provisions of a law not chosen by the parties

Speakers: Nadia de Araújo, Cesar Guimarães Pereira

Moderator: Paulo Macedo Garcia Neto

2:45-4:15 – Panel 3 - Arbitrator and counsel ethics, sanctioning of counsel; corruption; third-party funding

Speakers: Lauro Gama, Ina Popova, Rabih Nasser

Moderator: André Abbud

4:45-6:15 – Panel 4 - Interim relief, privilege, use of tribunal secretaries, interest and costs

Speakers: Ricardo Ramalho Almeida, Mariana França Gouveia, Natalia Lamas

Moderator: Carlos Forbes

6:15-6:30 – Closing remarks



  • 19/10/20189:00 - 18:30
    Auditório FGV 9 de julho - térreo (Rua Itapeva, 432, Bela Vista, São Paulo, SP)
    Informações: 11 3799 2226


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