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Brazil ADR Mediation & Arbitration Legal Questions answered by Lawyers

Browse our 2 legal questions about ADR Mediation & Arbitration in Brazil and read the lawyer answers, or ask your own questions for free.

Can I challenge an obligatory arbitration clause in a commercial contract in Brazil if I prefer court litigation?
Corporate & Commercial ADR Mediation & Arbitration
I signed a service agreement with a software vendor in São Paulo that includes a mandatory arbitration clause. Now we have a breach of contract dispute, but arbitration fees with the chosen chamber are far too high for my small business. Can I bypass the arbitration clause and file a... Read more →
Lawyer answer by mohammad mehdi ghanbari

Under Brazilian law, a valid arbitration clause generally prevents either party from litigating the contractual dispute in civil court. If you file despite the clause, the defendant may invoke the arbitration agreement and the court will normally dismiss the case...

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In Brazil, can a contract force mediation before arbitration, and what if I want to skip mediation?
Lawsuits & Disputes ADR Mediation & Arbitration
I have a contract with a clause that forces pre-arbitration mediation before any arbitration proceeds. I'm concerned this could delay my case or affect my rights to arbitrate in Brazil. How enforceable are pre-arbitration mediation clauses, and what timelines should I expect?
Lawyer answer by Dr. Maurício Ejchel

It seems your concerns go beyond what can be addressed in general terms. If the contract involves real value or risk, you should handle it privately, with qualified professionals who can analyze the specifics before any move.

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