Legal Guidance and Research / Experts / Flavio Spaccaquerche Barbosa
Flavio Spaccaquerche Barbosa#4262
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Flavio Spaccaquerche Barbosa

Flávio Spaccaquerche is a Partner with the Litigation and Arbitration department of Mattos Filho, Veiga Filho, Marrey Jr. e Quiroga Advogados, in Brazil. He coordinates the Litigation and Arbitration team in Rio de Janeiro, although is also involved in many cases in São Paulo. Flávio has been practicing for more than 10 years and has broad experience in litigation, international law and arbitration. He graduated in 2004 from Law School at the Catholic University of São Paulo (PUC-SP). He holds a master's degree in consumers' right from the same university and a master's degree in International Economic Law from the University of Paris I ' Panthéon-Sorbonne, where he specialized in international dispute resolution. He has many publications on domestic and international arbitration. Flávio is the current ICC YAF Regional Coordinating Committee (RCC) member for the Latin America Chapter (Brazil). He is also a member of the Brazilian Arbitration Committee (CBAr) and a contributor for the ITA Latin American Arbitration Forum (ITAFOR).

Practice Area

Panel

  • Contributing Author

Qualified Year

  • 2005

Membership

  • Brazilian Arbitration Committee ' Comit Brasileiro de Arbitragem ' CBAr
  • Investment Arbitration Group of CBAr
  • LCIA Young International Arbitration Group (YIAG)
  • ICDR Young & International
  • ICC YAF Regional Coordinating Committee (RCC) Member for the Latin America Chapter (Brazil)
  • Young-OGEMID
  • Association Internationale des Jeunes Avocats ' AIJA (former)

Education

  • Universit Paris 1 ' PANTH?ON-SORBONNE, Master 2
  • Pontifcia Universidade Catlica de So Paulo (PUC/SP), Masters on Consumer's rights
  • Pontifcia Universidade Catlica de So Paulo (PUC/SP), Law degree

4 Contributions by Flavio Spaccaquerche Barbosa

Anti-suit and anti-arbitration injunctions in Brazil: constitutional limits, enforcing arbitration agreements, arbitrability, kompetenz-kompetenz, and leading case law
PRACTICE NOTES
Anti-suit and anti-arbitration injunctions in Brazil: constitutional limits, enforcing arbitration agreements, arbitrability, kompetenz-kompetenz, and leading case law
Anti-suit injunctions under Brazilian law Anti-suit injunctions are a device to curb court and/or arbitral proceedings. In international arbitration, the label typically denotes an application seeking to stop a party from pursuing court litigation contrary to an arbitration agreement. For example, where a recalcitrant party tries to place a dispute falling within an arbitration pact before a domestic bench, the counterparty may ask a court or an arbitral tribunal to issue an anti-suit injunction preventing the filing or continuation of that claim, so as to safeguard the effectiveness of the arbitration agreement. Though common across numerous legal systems, it is widely understood that this particular remedy is unavailable under Brazilian law, especially in view of the constitutional guarantee of access to justice in the Brazilian Federal Constitution (art 5, XXXV). On this basis, an anti-suit order in Brazil aimed at stopping a party from bringing its controversy to a Brazilian court could be regarded as unconstitutional. Even so, this does not preclude the party from pursuing enforcement of the arbitration agreement by other means...
Arbitration
Brazil: state immunity in arbitration and litigation—public v private acts, waiver (including by arbitration), human rights exception, enforcement immunity, and key STF/STJ case law (including Petrobras)
PRACTICE NOTES
Brazil: state immunity in arbitration and litigation—public v private acts, waiver (including by arbitration), human rights exception, enforcement immunity, and key STF/STJ case law (including Petrobras)
This Practice Note explores how state immunity intersects with arbitration proceedings in Brazil. For a general introduction to state immunity and arbitration, see Practice Note: State immunity and arbitration—general considerations. For materials on state immunity across multiple jurisdictions worldwide (including England and Wales), refer to our ‘State immunity’ subtopic: State immunity and arbitration—overview. It also examines exceptions to absolute state immunity and waiver of immunity, both in general terms and as they arise in international arbitration... Concept of state immunity in Brazil State immunity is a customary rule of international law. Grounded in the equality of states, it embodies non-interference and respect for sovereignty. It holds that one state may not sit in judgment on another, as equals do not wield authority over each other. As a default position, this immunity shields a foreign state—including its governmental bodies, companies and agents—from being compelled to submit to the jurisdiction of another state’s courts... In Brazil, there is no specific legislation concerning state immunity. The concept is applied by the Brazilian courts...
Arbitration
Interim Relief in Arbitration under Brazilian Law: Court and Tribunal Powers, Legal Tests, Ex Parte Orders, Security, Enforcement and Damages
PRACTICE NOTES
Interim Relief in Arbitration under Brazilian Law: Court and Tribunal Powers, Legal Tests, Ex Parte Orders, Security, Enforcement and Damages
Interim measures in Brazil Interim relief in Brazil falls under the Brazilian Code of Civil Procedure (Federal Law No 13.105/2015 (BCCP)), which outlines several categories of provisional measures, each aligned to particular forms of relief and designed to preserve the effectiveness of the ultimate decision, whether judicial or arbitral. The Brazilian Arbitration Act (BAA), which governs arbitration (Federal Law No 9307/96), further provides that, before the arbitral tribunal is formed, the parties may apply to the courts for interim measures. Once the tribunal is constituted, the BAA confers on it the exclusive competence to issue interim measures and to maintain, vary, or revoke measures previously ordered by the courts. The substantive criteria for these remedies are, in essence, the same in arbitral and judicial forums; therefore, the BCCP’s general framework can guide the appraisal of interim relief even when ordered by arbitrators. The key divergence concerns arbitrators’ power—or, more precisely, their lack of coercive authority—to enforce such orders. Conversely, where an interim measure is sought before the courts, the evaluation of the interim measure...
Arbitration
Recognition and enforcement of foreign arbitral awards in Brazil: procedure, defences, interim relief, timelines and costs
PRACTICE NOTES
Recognition and enforcement of foreign arbitral awards in Brazil: procedure, defences, interim relief, timelines and costs
Note: Brazil judgments below are not reported by LexisNexis®. What constitutes a foreign arbitral award in Brazil? The Brazilian Arbitration Act (Federal Law No. 9,307/96, (BAA)) identifies two categories of arbitral awards: domestic and foreign. Foreign awards are those issued outside Brazil (BAA, art 34, para 1) and must undergo recognition before they can be enforced locally. Domestic awards are those delivered within Brazil and are enforceable as a domestic judgment without any need for court confirmation. Accordingly, for the recognition and enforcement of foreign awards, the arbitral seat is pivotal in determining where the award is rendered and whether prior confirmation is required in Brazil. How to enforce a foreign arbitral award in Brazil To enforce a foreign arbitral award in Brazil, it must first be submitted for recognition before the Brazilian Superior Court of Justice (Superior Tribunal de Justiça, (STJ)). The governing rules and conditions for recognition are set out in articles 963 and 964 of the Brazilian Code of Civil Procedure (BCCP), articles 216A–216N of the Internal Rules of the STJ, and the New York Convention on the Recognition and Enforcement of Foreign...
Arbitration
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