The Brazilian Branches in the Arbitration Bench: Challenges and Possibilities in Face of the “Precatório” System and Consensuality
摘要
Brazil’s rejection of investor-state dispute settlement (ISDS) provisions is well known in the literature. Against the mainstream, in which developing countries celebrated investor protection agreements containing the clause, Brazil remained resistant to ISDS provisions throughout its history. Even after the 2000s, when the country experienced a broader internationalization of Brazilian companies in foreign markets, the Brazilian government´s aversion to ISDS clauses remained still.