Jurisdiction(s):
United Kingdom

Key definition

Arbitration definition

What does Arbitration mean? Arbitration is a private process where parties resolve disputes by one or more arbitrators who issue a final, binding award instead of a court judgment. It is consensual, usually agreed by an arbitration clause, and the law of the seat governs the procedure (lex arbitri). In England and Wales and Northern Ireland, the Arbitration Act 1996 applies. Courts stay court proceedings in favour of arbitration, provide support, and enforce awards; challenges are limited to lack of jurisdiction (s.67), serious irregularity (s.68) and, unless excluded, appeal on a point of law (s.69). In Scotland, the Arbitration (Scotland) Act 2010 provides a similar...

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)

Published by a LexisNexis Arbitration expert

Practice notes

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...

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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...

Carolina Deluiz

Mattos Filho

Carolina Deluiz is a senior lawyer with the Litigation and Arbitration department of Mattos Filho, in Rio de Janeiro, Brazil. She represents clients in domestic and international arbitrations, litigation and negotiation of complex disputes involving complex corporate and contractual issues, infrastructure, oil and gas, energy, among others. She graduated in 2015 from Federal University of Rio de Janeiro (UFRJ) with honors (Cum-Laude). She is post-graduated in contract law from the Catholic University of Rio de Janeiro (PUC-RJ) in 2018. She is currently a master’s candidate in international law at the State University of Rio de Janeiro (UERJ). Carolina is also a member of the Brazilian Arbitration Committee (CBAr) and the Arbitration Coordinating Committee of the Brazilian Center for Arbitration and Mediation (CBMA). ...

Web page updated on 21/05/2026

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