Currently in its 7th edition, SPAW is an annual initiative organised by the Centre for Arbitration and Mediation of the CCBC (“CAM-CCBC”), consisting of an online platform where all events related to alternative dispute resolution take place, occurring in the penultimate week of October. The initiative aims to raise awareness of São Paulo as an arbitration-friendly seat and to promote dispute resolution in the country and abroad.
It is a collaborative initiative designed to unify law firms, universities, associations, and various institutions under a shared calendar of events. The overarching objective of SPAW is to foster an environment conducive to professional development while promoting meaningful discussions surrounding arbitration and alternative dispute resolution (ADR) methods.
First Stop: Young ICCA Skills Workshop on the Enforcement of Arbitral Awards
The trip commenced with an engaging pre-SPAW event organised collaboratively between Young ICCA (the International Council for Commercial Arbitration’s “young” branch) and CAM-CCBC. This workshop equipped attendees with a thorough overview of the New York Convention, alongside practical insights into its application in Brazil. After two expositive panels, participants actively engaged in a workshop of mock case studies, which stimulated rich discussions and facilitated the sharing of diverse perspectives.
Raquel Macedo Moreira, who also serves as a Co-director of the Young ICCA Mentoring Programme, moderated the first session, offering a comprehensive exploration of the New York Convention and its significance in the arbitration landscape. She later returned to facilitate the concluding workshop, guiding attendees as they delved into discussions on mock cases and how to effectively navigate complex arbitration scenarios.
Next stop: XI edition of the CAM-CCBC Arbitration Congress
Next on the agenda was a full-scale international conference which attracted a diverse audience of legal professionals eager to engage in insightful discussions and networking opportunities. The Congress commenced with a compelling keynote by Edna Sussman, who emphasised the evolving role of arbitrators and advocated for a proactive approach to dispute resolution. Results from live polls with the audience indicated that Brazil is already implementing (or at least considering the implementation of) commendable strategies such as early case management and mediation windows, reflecting a commitment to enhancing the efficiency of arbitration processes.
Three panels followed the keynote address, the first addressing the complexities of investment funds in arbitration. Experts underscored the importance of regulatory clarity and ongoing education for both investors and arbitrators to navigate the Brazilian framework effectively. This session highlighted the need for transparent regulations to facilitate smoother transactions and dispute resolutions in the investment sector.
The second panel shifted its focus to airport concessions, where speakers discussed global legal frameworks and the increasing incorporation of arbitration clauses within concession contracts. The discussion revealed how arbitration is becoming a preferred method of dispute resolution in this sector in Brazil, particularly as stakeholders seek to mitigate risks associated with lengthy litigation processes.
The final panel examined evidentiary rules across different legal systems, featuring valuable insights from Professor Renato Nazzini. In his presentation, he argued that the distinctions between civil and common law systems are sometimes overstated within international arbitration. He highlighted that arbitrators generally apply specific national laws rather than overarching legal traditions. His discussion encompassed several key points: that common law has significantly influenced the evolution of international arbitration; that the classification of the burden of proof as procedural or substantive hinges on the applicable law; that misunderstandings between civil and common law often stem from decontextualised concepts; and that the nuances of the burden of proof demonstrate that similar operational rules are found across various legal systems.
Next on the docket: International Construction Disputes – Bridging the Gap between Common Law and Civil Law.
This session was a collaboration involving Pinheiro Neto Advogados, the Instituto Brasileiro de Direito da Construção (IBDiC), King’s College London, and BODENHEIMER.
Here, Raquel facilitated an engaging discussion featuring Adriana Braghetta and Professor Nazzini, focusing on the efficiency of dispute resolution in mega projects. The panel, which consisted of a dynamic Q&A, provided critical insights into the complexities and challenges faced in international construction disputes. Among the topics discussed were advanced management techniques, including bifurcation, expert evidence management, and the proactive role of arbitrators in tailoring arbitration to meet the specific needs of each case.