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ARTICLE · 03 SEPTEMBER 2018

CIESP/FIESP Released New Dispute Board Rules For Complex Agreements

New CIESP/FIESP rules came into force to establish dispute boards during the execution of complex agreements.

BrazilLitigation, Mediation & Arbitration

New CIESP/FIESP rules came into force to establish dispute boards during the execution of complex agreements.

The purpose of the dispute boards is to assist the parties in the prevention, management and resolution of disputes arising during the execution of complex agreements, with the issuance of recommendations (not immediately binding) or decisions (immediately binding). Thus, the dispute boards intend to increase the possibility of the parties to maintain the good relationship throughout the execution of long-term projects.

If contractually agreed, the dispute board may be (i) permanent, when it will remain active for the validity of the agreement, or (ii) ad hoc, formed only when a controversy arises, remaining active until the issuance of a recommendation or decision.

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