Letters Blogatory

The Blog of International Judicial Assistance | By Ted Folkman of Folkman LLC

Posts tagged “Brazil

The Carta Arbitral

Posted on March 19, 2019

I was at a talk last week at which I heard about a new procedural mechanism in Brazil that I hadn’t heard of before: the carta arbitral (the “arbitral letter”). The purpose of the arbitral letter is to give the tribunal a means of requesting assistance from a court in carrying out its orders (for example, orders for preliminary relief, or discovery orders). The device is innovative insofar as it provides only very limited grounds for refusing to comply with the letter.

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In re BRF Securities Litigation

Posted on January 28, 2019

The case of the day is In re BRF S.A. Securities Litigation (S.D.N.Y. 2019). The lead plaintiff is the Birmingham Retirement and Relief System. It brought an action against BRF, a poultry exporter in Brazil, whose American depository receipts traded on the NYSE. The claim was that BRF and its executives bribed regulators and officials in Brazil, which led to an investigation and criminal charges there. Birmingham brought securities fraud claims, alleging that BRF had made materially misleading statements and omissions. It also sued BRF’s former officers and directors.

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Brazil Accedes to the Service Convention

Posted on November 30, 2018

Brazil has acceded to the Hague Service Convention. This is a boon to US lawyers, since from a practitioner’s perspective the Hague Convention is much more user-friendly than the Inter-American Convention. As of today, there do not appear to be any declarations or objections accompanying the accession. It’s heartening to see Brazil take such a constructive step despite the recent controversies in Brazilian politics. UPDATE: Brazil has made declarations, which weren’t on the status table when this post went to press. You can find them here.

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