Bill provides for changes to the Arbitration Law
Ana Júlia MoraesLawyer at Marcos Martins Advogados Bill 3.293/21, which aims to amend the Arbitration Law, in force since 1996, is currently before the Chamber of Deputies. If approved as proposed, the confidentiality of decisions and the autonomy of the parties in choosing arbitrators could be compromised, especially in relation to the rules in force […]
Arbitration: conflict resolution mechanism in cases of judicial reorganization or bankruptcy
Alessandra R. Noronha GomesLawyer at Marcos Martins Advogados The granting of judicial reorganization does not have the power to alter the jurisdiction for judging and the nature of the claim that seeks recognition and quantification in arbitration proceedings. The Superior Court of Justice, by ruling on Special Appeal 1.953.212/RJ, determined that lawsuits filed against companies […]
Arbitration – The principle of broad access does not apply to arbitration proceedings
Vanessa Salem EidLawyer at Marcos Martins Advogados Arbitration proceedings, just like judicial proceedings, are governed by some fundamental principles that serve as the basis for the Arbitration Law itself (Law No. 9.307/96), including the adversarial process; the equality of the parties; the impartiality of the arbitrator and his free will, as well as the fundamental […]
The right to claim nullity in a challenge to compliance with a judgment expires in 90 days
Rubens CarnelosLawyer at Marcos Martins Advogados The arbitral award may be challenged by filing an action for annulment, as provided for in article 32 of Law 9.307/96, or, if judicial enforcement of the arbitral award is already underway, by challenging its enforcement, under the terms of article 525 of the CPC. As the filing of […]
STF agrees on attachment of guarantor’s family assets in commercial lease agreement
Tatiane Bagagí FariaLawyer at Marcos Martins Advogados The Federal Supreme Court, by a majority of votes, ruled that the attachment of a guarantor’s family assets in a lease agreement for commercial property is constitutional, dismissing the view that only in residential leases would it be possible to attach the guarantor’s only asset. In the recent […]
Marcos Martins Advogados announces new head of Civil Litigation
We are pleased to announce the arrival of Ana Júlia Moraes, as the new leader of the office’s Civil Litigation team. Ana Júlia has extensive experience in dispute resolution, representing Brazilian and foreign companies in highly complex litigation, in addition to international arbitration proceedings. With more than 20 years of experience, the lawyer also has […]
STJ defines five-year statute of limitations for action to collect a bank credit bill
Beatriz Benedete CardosoLawyer at Marcos Martins Advogados The Third Panel of the Superior Court of Justice (STJ), in the judgment of RESP 1.940.996/SP, reported by Justice Ricardo Villas Bôas Cueva, established a limitation period of five years for collection, via a monitory action, of a debt based on a bank credit bill, under the terms […]
Small companies get differentiated regime for the obligations of the General Data Protection Law – LGPD
Alessandra R. Noronha GomesLawyer at Marcos Martins Advogados From now on, small businesses and entrepreneurs will benefit in terms of the procedures required to comply with the LGPD, through exemptions and easing of some obligations. The National Data Protection Agency (ANPD) has regulated legislation to apply the LGPD to small companies, which in the law […]
STJ reaffirms the court’s case law on the appropriateness of arbitration against a company in judicial reorganization
Terceira Turma do Superior Tribunal de Justiça (STJ), no julgamento do RESP 1.953.212/RJ, de relatoria da Ministra Nancy Andrighi, reforçou a jurisprudência da Corte sobre o cabimento de arbitragem contra empresas em Recuperação Judicial,.
Possession repossessions against families are suspended in the pandemic
Em julho deste ano, o Supremo Tribunal Federal (STF), no julgamento da ADPF 828, determinou a suspensão de ordens ou medidas de desocupação de áreas que estivessem habitadas em data anterior à 20 de março de 2020, quando foi aprovado o estado de calamidade pública em razão da pandemia do COVID-19.
