Selection of arbitrators, choice of chamber and drafting of the arbitration clause
Effective arbitration requires (i) a precise arbitration clause, (ii) careful selection of the chamber and (iii) appointment of qualified arbitrators. According to art. 13 of Law 9.307/1996, the parties may appoint any independent arbitrator, and it is recommended that the contract impose a minimum level of technical experience. The arbitration chamber defines rules and costs: CAM B3 is focused on corporate governance, CAMARB serves sectors such as infrastructure and CCBC is a reference in international disputes under the New York Convention. The clause must comply with arts. 4.5 of the law, specifying the chamber (and substitute), number and method of appointment of arbitrators, headquarters, language, applicable law, deadlines, confidentiality, emergency arbitrator and matters covered; generic clauses have already been annulled (TJAM). Good examples show that advance technical requirements speed up the award, while omissions generate delays and disputes over jurisdiction. Thus, the combination of a complete clause, an appropriate chamber and specialized arbitrators guarantees validity, efficiency and rapid execution of the arbitration award.
TST recognizes the validity of a collective agreement that waives timekeeping for employees with higher education
The TST recognized as valid a collective agreement clause that exempts employees with degrees from recording their time, based on the understanding of the STF (Theme 1046), which allows the flexibility of labor rights through collective bargaining — as long as it does not involve absolutely unavailable rights.
Liquidation of assets in bankruptcy: priority and transparency criteria in light of Law 14,112/20
The changes introduced by Law 14,112/20 have modernized the bankruptcy process, especially in the liquidation of assets. The expansion of sales methods, with preference for electronic means, makes the procedure more agile and efficient.
The possibility of rapid closure in cases of non-existence of assets also contributes to greater dynamism.
This seeks greater speed and better use of the assets of the bankrupt estate.
Confidentiality, procedural flexibility and effectiveness of the arbitration award
Corporate arbitration guarantees confidentiality (art. 189 IV CPC and art. 22C Law 9,307/1996), procedural flexibility (art. 21) and an irrevocable award, except for nullities under art. 32. The STJ determines that any challenge must be concentrated in a single process (REsp 2,105,872/RJ – 2024).
The treatment of tax debts for companies in judicial recovery
Compliance with legal provisions and regularization of tax liabilities are essential for granting judicial recovery, ensuring the continuity of companies.
Maintenance of the administrator of the company under judicial recovery
Through judicial recovery, companies in economic crisis can restructure their debts and remain in business. For the restructuring to be successful, it is essential to keep their administrators in place. However, the Bankruptcy and Reorganization Law provides for hypotheses for their removal: fraud, failure to comply with the plan, and reckless management. Removal impacts creditors and can even lead to the company's bankruptcy. Therefore, having specialized legal advice is essential to ensure an effective and safe recovery.
Transparency and Judicial Recovery
Transparency and corporate governance are essential for the success of judicial recovery, ensuring creditors' trust and the viability of the restructuring. Law 11.101/2005 requires the presentation of reliable accounting information, highlighting the need to provide it with integrity; while governance must be guided by principles such as accountability and compliance. A lack of transparency can compromise the process, while good governance practices increase the chances of overcoming the crisis. Therefore, integrity in conducting judicial recovery is essential to preserve companies, jobs and economic activity.
TST Decide que Penhora de Imóvel Deve Recair Apenas sobre Parte do Devedor em Execução Trabalhista
Tribunal decide que a penhora de imóvel em execução deve recair apenas sobre a parte pertencente ao devedor, garantindo a proteção da cota-parte do coproprietário.
The Growth of Extrajudicial Recovery in Brazil in 2024
A recuperação extrajudicial cresceu 320% em 2024, atingindo R$ 755,6 milhões, devido à sua agilidade, menores custos e flexibilidade. Com a tendência de expansão, espera-se maior adesão e avanços regulatórios em 2025.
Criteria for Recognition of Economic Group: Analysis of Recent TST Decision
Within the scope of legal relations prior to the Labor Reform (Law 13,467/2017), the consolidated jurisprudence of the Superior Labor Court (TST) highlights that, in order for an economic group to be recognized, it is essential to prove hierarchical subordination between the companies involved, with the demonstration of effective control by a leading company over the […]