| Summary: | For a long time, Brazil remained faithful to its historic attitude of hostility towards
arbitration. This placed Brazil in a state of dangerous isolation in times of fast technological
changes, privatization, foreign investment and globalization affecting Latin America. The
boom period of the mid 1990's was a time when large deals and contracts were signed and
the seeds of modern international commercial arbitration were sown once again in the region.
International investors and businesses setting up operations in Latin America demanded
dispute resolution mechanisms that provided confidence and certainty that any disputes
arising under contractual agreements were going to be resolved expeditiously, impartially
and by knowledgeable experts. In this environment when privatization of
telecommunications and hydroelectric power stations was occurring, the 1990's marked the
renaissance of arbitration in Brazil with the enactment of new legislation on arbitration, the
Brazilian Arbitration Act of 1996 (Law 9.307/96) ("the Act"). Since the enactment of the Act,
arbitration has been the subject of study by scholars and strong efforts have been made to
promote the use of arbitration in the country. This thesis focuses on the recent development
of arbitration after the enactment of the Brazilian Arbitration Act, with an emphasis on the
Act's regulations. The thesis recommends improvements which may be made in order to
attract more foreign investors who seek the certainty that Brazil is a good venue for
arbitration. === Law, Peter A. Allard School of === Graduate
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