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    Le Brésil adopte la Loi type CNUDCI sur l’insolvabilité internationale
    2021-03-14

    Avec la promulgation de la loi n° 14.112/2020 entrée en vigueur le 23 janvier 2021, le Brésil adopte la loi type de la Commissions des Nations Unies pour le Droit Commercial International (« CNUDCI ») sur l’insolvabilité internationale de 1997 (la « Loi Type »), devenant ainsi le 49ème Etat à le faire.

    Filed under:
    Brazil, Company & Commercial, Insolvency & Restructuring, Squire Patton Boggs
    Location:
    Brazil
    Firm:
    Squire Patton Boggs
    Brazil | Coronavirus Could Push Hundreds of Companies Close to Bankruptcy
    2020-05-19

    The financial constraints caused by the coronavirus has affected the world’s economy and its outlook is still unknown and gloomy. Companies from all industries worldwide have been taking all sorts of measures to mitigate losses, preserve cash flow and, ultimately, survive. Just like other companies around the globe, the coronavirus has pushed many struggling Brazilian companies over the edge and into bankruptcy.

    Filed under:
    Brazil, Insolvency & Restructuring, Squire Patton Boggs, Coronavirus
    Location:
    Brazil
    Firm:
    Squire Patton Boggs
    Brazilian reorganization plan: fundamentally fair or wholesale trampling of creditors’ rights?
    2014-10-09

    The United States Bankruptcy Court for the Southern District of New York was recently presented in In re Rede Energia, S.A.with the question of whether a confirmed Brazilian reorganization plan for Rede Energia, S.A. should be enforced in the United States.

    Filed under:
    Brazil, USA, New York, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Sunny Singh
    Location:
    Brazil, USA
    Firm:
    Weil Gotshal & Manges LLP
    Judicial Reorganisation in the midst of the COVID-19 pandemic: a Brazilian perspective
    2020-12-08

    The COVID-19 pandemic has brought disruption and economic hardship to several businesses around the globe. In Brazil, the effects of lockdown and restriction measures by the Governments have caused numerous companies to file for bankruptcy or judicial reorganisation, the latter being the legal restructuring instrument which aims to assist companies to continue their activities and avoid becoming bankrupt.

    Relevant Aspects of the Judicial Reorganisation process

    Filed under:
    Brazil, Insolvency & Restructuring, Clyde & Co LLP, Bankruptcy, Coronavirus
    Location:
    Brazil
    Firm:
    Clyde & Co LLP
    How the increasing number of insolvencies in Brazil may affect arbitration
    2020-09-25

    Brazilian companies have increasingly chosen arbitration as their preferred method for resolving domestic and international disputes. Now the impact of COVID-19 in Brazil has caused a sharp increase in insolvencies, and there is no expectation of a quick turnaround in the next months and, possibly, years to come. What, then, are the potential effects of Brazilian insolvency proceedings on arbitration in Brazil and abroad?

    Are arbitration agreements affected by the opening of insolvency proceedings?

    Filed under:
    Brazil, Arbitration & ADR, Insolvency & Restructuring, Litigation, Freshfields Bruckhaus Deringer LLP, Litigation funding, Coronavirus
    Location:
    Brazil
    Firm:
    Freshfields Bruckhaus Deringer LLP
    How the increasing number of insolvencies in Brazil may affect arbitrations
    2020-09-25

    Brazilian companies have increasingly chosen arbitration as their preferred method for resolving domestic and international disputes. Now the impact of COVID-19 in Brazil has caused a sharp increase in insolvencies, and there is no expectation of a quick turnaround in the next months and, possibly, years to come. What, then, are the potential effects of Brazilian insolvency proceedings on arbitrations in Brazil and abroad? We provide our insights in the document below.

    Filed under:
    Brazil, Arbitration & ADR, Insolvency & Restructuring, Litigation, Freshfields Bruckhaus Deringer LLP, Coronavirus
    Location:
    Brazil
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Como o aumento do número de insolvências no Brasil pode afetar as arbitragens
    2020-09-25

    Empresas brasileiras têm optado por resolver disputas nacionais e internacionais via arbitragem. Mais recentemente, os impactos econômicos do COVID-19 no Brasil têm causado um aumento considerável do número de recuperações judiciais e falências. Sem expectativa de que essa tendência seja revertida dentro dos próximos meses e, possivelmente, anos, é oportuno indagar: quais seriam os efeitos causados pela nova onda de insolvências em arbitragens brasileiras e internacionais? Veja nossos comentários no documento abaixo.

    Filed under:
    Brazil, Arbitration & ADR, Insolvency & Restructuring, Litigation, Freshfields Bruckhaus Deringer LLP
    Location:
    Brazil
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Guide to Doing Business in Brazil
    2016-11-24

    The Federative Republic of Brazil is the largest country in South America and the world’s fifth largest country, both by land mass (almost 8.6 million square kilometers) and population (more than 200 million people). It is the only lusophone (Portuguese-speaking) country in otherwise Spanish-speaking Latin America and the largest lusophone country in the world. Brazil is a member of the G20, and one of the BRICS countries, along with Russia, India, China and South Africa. The country’s Constitution serves as the foundation of the Brazilian legal framework and sets forth fundamental rights.

    Filed under:
    Brazil, Arbitration & ADR, Capital Markets, Company & Commercial, Competition & Antitrust, Employee Benefits & Pensions, Employment & Labor, Environment & Climate Change, Insolvency & Restructuring, Intellectual Property, Real Estate, Tax, White Collar Crime, Mayer Brown
    Location:
    Brazil
    Arbitration and bankruptcy in Brazil
    2010-07-20

    Although in some jurisdictions arbitration is a long-established form of alternative dispute resolution, this mechanism has only recently been regulated in Brazil. The Brazilian Commercial Code, enacted in 1850, already included a few sparse provisions regarding commercial arbitration, but there were no references to specific rules. It was not until 1996 that Brazil passed its first specific arbitration statute, Law No. 9,307/96 (Arbitration Law).

    Filed under:
    Brazil, Arbitration & ADR, Insolvency & Restructuring, Mayer Brown, Bankruptcy, Debtor, Arbitration clause, Arbitration award, Liquidation, Capital punishment, UNCITRAL, United States bankruptcy court
    Location:
    Brazil
    Firm:
    Mayer Brown
    STJ define a incidência das regras do plano de recuperação judicial a credores que não fizerem parte do procedimento concursal
    2022-05-31

    Em sessão realizada em 27 de abril de 2022, a Segunda Seção do Superior Tribunal de Justiça (STJ) julgou o Recurso Especial nº 1655705/SP, cujo acórdão recém-divulgado impôs a forma de pagamento fixada em Plano de Recuperação Judicial (PRJ) a determinado credor que não fez parte da recuperação judicial e pretendia cobrar o seu crédito individualmente.

    Filed under:
    Brazil, Insolvency & Restructuring, Litigation, Mayer Brown, Bankruptcy
    Location:
    Brazil
    Firm:
    Mayer Brown

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