Abstract

This article has a single aim: to analyze whether Brazilian law allows that Brazilian lawyers are called as fact witnesses, in international arbitration proceedings. The article first presents a hypothetical practical situation where a Brazilian lawyer is called by his former client to testify as fact witness in an international arbitration, seated in Brazil, where the former client is the defendant. The hypothetical problem leaves the following questions to be answered: should the arbitral tribunal accept or not the testimony of the Brazilian lawyer? Does Brazilian law ...