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Part 2 Specific Issues of Arbitration in Brazil, 10 Arbitration in the Portuguese-speaking World

Mariana Franca Gouveia, Ana Carolina Dall‘Agnol

From: International Arbitration: Law and Practice in Brazil

Edited By: Peter Sester

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 13 June 2024

Foreign Direct Investment — Relationship between international and domestic law — Arbitration

This chapter discusses arbitration in the Portuguese-speaking jurisdictions, except Brazil. Although they can be brought under the umbrella of a common language, Portuguese-speaking jurisdictions are a heterogeneous and diverse group of countries. Indeed, Portuguese-speaking jurisdictions are placed in diverse geographic settings and have seen very different historical developments. By the same token, practice and experience in arbitration in Portuguese-speaking jurisdictions varies drastically. While in some of these countries arbitration is still in its infancy, some have brought their domestic legislation up to date but are yet to thoroughly test it, and others have consolidated arbitration practices. However, this is not to say that Portuguese-speaking jurisdictions do not share common characteristics. Due to legal transplants that took place in the 20th century, the laws of Portuguese-speaking countries—with the exception of the laws of Brazil—are substantially inspired by pre-independence Portuguese law. In this context, the common cultural ties cultivated throughout the years have the potential to facilitate knowledge exchange and to encourage foreign investment. In some contexts, acquaintance with the Portuguese legal framework might be useful when navigating the legal and regulatory frameworks of Portuguese-speaking jurisdictions. Although the arbitration figures of Portugal, Portuguese-speaking African countries, Macao, and Timor-Leste are not as impressive as those involving Brazilian parties, arbitration in Portuguese-speaking jurisdictions is flourishing.

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