Your arbitration clause: a R$500k trap?
Most foreign contracts fail here. Don't let yours.
Your arbitration clause: a R$500k trap?
Most foreign contracts fail here. Don't let yours.
500000
Reais in legal fees and lost recovery from a vague arbitration clause.
✘ Mito
'Arbitration São Paulo, rules to be agreed' is enough.
✓ Verdade
Without institution & rules, it's invalid in court.
Is 'arbitration São Paulo' enough in Brazil?
No. Without a named institution and rules, Brazilian courts see no valid arbitration agreement.
Use mandatory 'shall' language
Name the arbitral institution
Define seat and applicable rules
“
A single missing phrase can send you back to 5 years of public litigation.
150000
Reais in lost time and legal fees from one ambiguous phrase like 'rules to be agreed'.
Don't gamble your contract's enforceability.