The Recognition of the Competence-Competence Principles Upon Concession Contracts in Brazil: Legal Certainty Provided for Foreign Investors

    View Author October 2018

    On October 11, 2017, the Brazilian Superior Court of Justice (STJ) rendered a landmark decision, addressing the Competence-Competence Principle applicability upon concession contracts related to the oil and gas exploration in Brazil. This decision has opened the path for other cases to be interpreted in the same way, consolidating the understanding in the Brazilian legal order that the arbitral tribunal is the first to judge its own competence and that public entities may be subject to arbitration.