Legal culture, arbitration and mediation between Brazil and China discussed at event
Law
15 May 2018

Legal culture, arbitration and mediation between Brazil and China discussed at event

FGV will host the event titled “China-Brazil Initiative: Chinese investments in Brazil and the role of arbitration, mediation and online means of conflict resolution”.

In light of the prospects facing China’s investments in Brazil and partnerships between the two countries in major infrastructure projects, the Nucleus for China-Brazil Studies of FGV’s Rio de Janeiro Law School (Direito Rio) will host the event titled “China-Brazil Initiative: Chinese investments in Brazil and the role of arbitration, mediation and online means of conflict resolution”. The meeting will be held on May 16, in partnership with the China International Economic and Trade Arbitration Commission (CIETAC), and supported by the FGV Chamber of Mediation & Arbitration. During the event, Brazilians and Chinese will discuss the main differences between the legal cultures of the two countries and analyze the different arbitration models in place.

According to the Coordinator of the Nucleus for China-Brazil Studies and organizer of the event, Evandro Menezes de Carvalho, Brazil receives approximately 50% of all Chinese investments in South America, particularly within the energy industry. The growing business volume between the two countries creates the need to adjust arbitration models in contracts and settle any legal differences.

Among the event’s guests are Chen Xiaoling, Vice Consul General of China in Rio de Janeiro; Li Hu, Deputy Secretary-General of CIETAC; Sergio Guerra, Dean of Direito Rio; and Julian Chacel, Executive Director of the FGV Chamber of Mediation & Arbitration. Representatives from Chinese organizations and Brazilian offices that negotiate with the Chinese will also participate in the meeting.

One of the unique aspects of the discussions will be the proposition of alternative means of dispute resolution, including online conflict resolution. A professor at Direito Rio, Evandro Menezes de Carvalho points out that with the significant increase in Chinese investments worldwide, the number of arbitration cases tends to grow sharply. This makes CIETAC and the need for contract adjustments even more relevant for international trade.

“The Chinese have a mediation culture, unlike many countries in the Western world, which are more likely to judicialize their problems. Hence, in order to ensure legal certainty for investments, we must establish a dialog with Chinese organizations”, said the event coordinator.

Go to the website to learn more and to register.