Entrevistas & Publicações


Abertura Câmara Talks Investimento Internacional e Arbitragem

Ministra Ellen Gracie
Vice-Presidente da Câmara de Conciliação, Mediação e Arbitragem CIESP/FIESP


October 8, 2020

The Chamber Talks:

International Investment and Arbitration


by Justice Ellen Gracie NorthFleet,
Vice-President of The Chamber Ciesp/Fiesp

Dear all,

It’s good to be here in another edition of “The Chamber Talks”.

First of all, I would like to thank all our guests on behalf of the Chamber Ciesp/Fiesp and of our President, Justice Sydney Sanches. Thank you for being here with us today to discuss and to share your knowledge and experience on a topic of the utmost relevance: International Investment and Arbitration.

I also welcome the large audience of this “The Chamber Talks”.

This webinar’s subject is particularly important at the present time for Brazil and for our Chamber of Arbitration.

After dealing with an unprecedented sanitary crisis (that unfortunately is still ongoing), Brazil is now looking to its economic effects and how to overcome this difficult situation. The need to attract foreign investment is paramount.

Foreign investment is crucial in several fields of importance to the country’s development and economic recovery, especially in the areas of infrastructure, industrial activities and public procurement. But in order to attract international investors its fundamental to have a background of legal certainty and safety for contracts and legal obligations. Furthermore, the need to resolve disputes in an expedite and trustworthy manner points out to the adequacy of the use of arbitration for large contractual disputes, including those involving the Brazilian State, in all levels, from the Federal, to States and Municipal.

Arbitration is, in many cases, the most adequate means to resolve disputes involving the State and State Entities. Legislation was amended in 2015 to allow and encourage that cases where the State is one of the parties be resolved by arbitration.

Indeed the option for arbitration has grown and The Chamber Ciesp/Fiesp’s experience shows that.

Last February, our Chamber, in partnership with the General-Attorney’s Office (AGU), The National Council of Justice (CNJ) and the General-Attorney’s Office of São Paulo (PGE/SP), organized the First “Brazilian Congress of Arbitration and Public Administration” a two-day event that received in our headquarters in São Paulo over 400 people from all over the country. There is today a lot of interest for a subject that until recently did not attract much attention!

The Chamber Ciesp/Fiesp has managed over 30 cases involving public entities, worth hundreds of millions of dollars. Those cases dealt with, public procurement, administrative concessions and contracts in different sectors, such as sanitation, construction and energy.

As we look to the international side of this discussion, the experience is quite appealing as well. The Chamber Ciesp/Fiesp is consistently recognized by international publications as a leading dispute resolution institution in Latin-America and has had cases involving 13 foreign jurisdictions. Currently around 20 per cent of all ongoing arbitration cases are conducted in English and our chamber is the leader in managing cases under UNCITRAL arbitration rules in Brazil.

The relevance of this webinar to Brazil and to the Chamber Ciesp/Fiesp is clear. We are happy to encourage discussion of the topic, bringing in the international perspective of some leading practitioners.

I am sure we will have a most productive meeting. I wish a fruitful discussion to all participants. Thank you!