The ICC International Court of Arbitration has begun offering free access to arbitral awards and case documents compliant with the Brazilian Arbitration Act through the ICC Dispute Resolution Library.
In partnership with Jus Mundi, the ICC Court is now providing access to dispute resolution content on Brazilian States and State Entities. The new resources enable free access to main submissions (excluding attachments and internal documents drawn up by the ICC Court and the ICC Secretariat), Terms of Reference, procedural orders, and awards from arbitrations involving Brazilian States and State Entities, administrated by the São Paulo office of the ICC Court Secretariat (SCIAB) under the Brazilian Arbitration Law/Act.
Brazilian law requires publicity of arbitration proceedings involving public entities (Article 2(3) Law 9.307/1996). The publication is limited to two cumulative conditions (i) cases must involve the Brazilian public administration and (ii) cases must be administered by SCIAB since its establishment on 18 October 2017.
This new initiative seeks to further enhance transparency and improve access to legal information on Brazilian cases worldwide. According to ICC Dispute Resolution Statistics for 2021 and 2022, Brazilian parties were the second largest group of parties in ICC arbitrations registered in 2021 and 2022.
Alexander G. Fessas, Secretary General of the ICC Court, said:
“Free online access facilitates the goal of Brazilian law – to increase publicity in arbitrations involving states and SoEs. It is also in line with ICC’s Centenary Declaration on Dispute Prevention and Resolution and our commitment to greater transparency that enables understanding and trust in the process”.
Jean-Rémi de Maistre, CEO of Jus Mundi, said:
“We are proud to continue our partnership with ICC, expanding relations through to their case management office in Brazil. Our objective is to enhance accessibility and transparency in international arbitration, and this collaboration marks a substantial step towards achieving that goal”.
ICC and Jus Mundi first joined forces in 2021 to offer free access to ICC arbitral awards. One year later, the partnership was extended to all dispute resolution resources for the ICC Dispute Resolution library on the Jus Mundi platform.
The partnership highlights the mutual commitment of both parties to improve the international arbitration landscape by prioritising transparency and facilitating open access to relevant legal information, empowering individuals with valuable resources. It also reaffirms the leadership of the ICC Court and aligns with the ICC Centenary Declaration’s pledge on access to justice, the rule of law, and transparency.