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If an arbitration seat is in Brazil, the arbitral award is in itself considered an enforcement order in theBrazilian territory, and is valid as a final and unappealable judgment or court decision. If the arbitrationseat is outside of Brazil, the acknowledgement and enforcement of the foreign arbitral awards willoccur before the Federal Court of Appeals (Superior Tribunal de Justiça – STJ), after the fashion ofthe New York Convention and Brazilian Law (based on the UNCITRAL Model Law).Arbitration has also been playing an important role in the Public Sector, being frequently elected as adispute resolution method in contracts signed between particulars and the Public Administration.Despite the inexistence, in Brazil, of a general law authorizing the use of arbitration within PublicAdministration, the majority of the recent legislation regarding public contracts provides for thepossibility of using private dispute resolution methods, which includes arbitration. Besides the severallegislations regulating specific sectors, the Concessions Law (Law n. 8.987/95, changed by Law n.11.196/2205) and the law of Public-private Partnership (Lei das PPPs) expressly provides for the useof arbitration.Arbitration has been confirmed by important rulings from the Country’s various Courts. Thecombination of a favorable law correctly interpreted by the Judiciary Power gives Brazil the status ofan important center for seating arbitrations, especially international trade arbitration procedures.Various Brazilian Arbitration Chambers have demonstrated competence to manage national andinternational arbitrations, such as the Chamber of Mediation and Arbitration of São Paulo (Câmara deMediação e Arbitragem de São Paulo), linked to the Center of Industries of the State of São Paulo(CIESP), the Arbitration Center of the Brazil-Canada Chamber of Commerce (Centro de Arbitragemda Câmara de Comércio Brasil-Canadá-CCBC), the Chamber of Mediation and Arbitration of theAmerican Chamber of Commerce AMCHAM, the EuroChambers' Mediation and Arbitration Chamber(Câmara de Mediação e Arbitragem das Eurocâmaras – CAE), and others. The Brazilian ArbitrationCommittee (Comitê Brasileiro de Arbitragem- CBAr) has also played an important role, uniting some ofthe greatest experts on the subject, in the scientific development of arbitration.Arbitration in Brazil has become even more recognized with the new regulations to corporate law.According to the Brazilian corporate law (Lei das S.A.), corporations can put arbitration agreements intheir by-laws, which is new for the Brazilian legal system. With the new regulations to be listed in theNovo Mercado (a listing level which makes high demands in terms of Corporate Governance in theBrazilian stock exchange), arbitration became compulsory to all of the conflicts related to theregulations of the Novo Mercado as well as with the contracts regulating the participation in the NovoMercado. Other regulatory measures, such as the CVM Instruction 391, consider arbitration a goodform of governance and create incentives to investments in corporations with such characteristic. Onecan say, therefore, that arbitration is becoming the preferred way to resolve corporate conflicts inBrazil.109

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