10/12/2025
On October 20 and 21 of 2025, the XII Arbitration Congress, organized by the Center for Arbitration and Mediation of the Brazil-Canada Chamber of Commerce (“CAM-CCBC”), opened the São Paulo Arbitration Week (“SPAW”). The event, one of the leading international conventions on appropriate dispute-resolution methods, gathered practitioners of several jurisdictions to discuss tendencies, challenges, and innovations that have shaped the current arbitration practice.
The XII CAM-CCBC Arbitration Congress sought gain insight into the main social, technological and institutional developments affecting arbitration experts, drawing on the perspectives of both Brazilian and foreign professionals.
The program addressed issues of significant practical relevance.
First, the strategic drafting of M&A agreements was addressed, aimed at mitigating risks and enhancing legal certainty in corporate transactions. In this panel, the speakers analyzed challenges related to specific performance and presented suggestions for improving the drafting of traditional clauses commonly used in M&A contracts.
The conversation then turned to the growing presence and increasing sophistication of Public Administration in arbitration proceedings, a topic that gained relevance amid the expansion of public-private partnerships and the use of arbitration in administrative contracts. The concept of “anomalous intervention” – legal doctrine that allows the Federal Government to intervene in cases in which it is not a party, provided that its participation may have economic repercussions – was analyzed through comparisons with to other forms of third-party intervention, seeking to clarify the limits of this possible governmental interference.
Another highlight was the panel dedicated to the future of Dispute Boards, which explored how these committees contribute to the prevention of disputes and foster collaborative solutions in long-term projects. The debates showed the need to enhance effectiveness and standardization of these mechanisms in light of international trends.
The Congress’ second day addressed the role of legal opinions in arbitration proceedings, clarifying how these documents may influence the arbitrators’ decisions, as well as the ethical and procedural considerations that should guide their use.
The discussion then focused on the use of artificial intelligence (“AI”) in the production of evidence, exploring both the opportunities and the risks associated with the incorporation of emerging technologies into the decision-making process. The panel concluded with the observation that, although AI brings substantial gains in efficiency and accuracy, it also introduces new risks to procedural integrity.
Professor Luca Radicati’s keynote speech proposed a reflection on the past, present, and future of international arbitration. The speaker highlighted how arbitration has developed its own autonomy, expanded the range of subjects submitted to it, and consolidated its own body of rules and practices that today form a contemporary lex mercatoria.
Silvia Pachikoski, partner in the Dispute Resolution practice at L.O. Baptista Advogados and Vice President of CAM-CCBC, delivered the closing remarks. She emphasized CAM-CCBC’s commitment to innovation, ethics, and diversity amid the ongoing transformations.
The participation of our dispute resolution team in yet another edition of the edition of the CAM-CCBC Arbitration Congress reaffirms our firm’s commitment to continuously monitoring arbitration’s current trends and ensures a technical and strategic practice, aligned with the highest standards.
