The International Chamber of Commerce's (ICC) International Court of Arbitration has revised its arbitration rules, which entered into force on January 1, 2021. Click here for a summary of the main changes.
At first glance, it seemed that the LGPD had created substantial limitations on internal corporate investigations. But, in fact, the law brought in normative parameters that give legitimacy to the performance of these activities.
The purpose of the changes is to expand the participation of judicial trustees, which will end up increasing their responsibilities and work.
Scrutiny by the Superior Court of Appeals has helped develop a list of parameters to guide the application of these measures. Even so, judges and courts still need to use a high degree of subjectivity to assess the suitability and effectiveness of the atypical constraints requested by creditors. The covid-19 pandemic has added complexity to the topic.
For the TJ-SP, the Tax Authority can request that debtors enter into bankruptcy in some cases. But the Court's understanding, not yet definitive, may have undesirable legal and economic consequences.
Transforming a crisis into an opportunity by managing it effectively, especially from a legal point of view, means reviewing traditional views and practices and welcoming diversity.
Restatements of Law underscore the spirit of innovation, flexibility, and efficiency in the management of government-owned and government-controlled companies, particularly regarding bidding and procurement rules.
The traditional method of dispute resolution with the filing of a claim, adversarial process, production of evidence, judgment, and appeal should be the last path to resolving disputes related to the current covid-19 pandemic.
State government decree contradicts OECD recommendations to avoid increased tax levies during the pandemic
Transitional measures that went for consideration in the Senate are expected to remain in effect until December of 2020.
Transitional changes in Brazilian law impact various areas, such as condominium by-laws, company meetings, and lease agreements.