Abstract

This article is written in response to the question of 'what is the difference between International Investment Arbitration v International Arbitration with the Brazilian State with respect to matters of consent to arbitration and the sources of legal principles significant in light of the fact that to date, Brazil has not enacted any Bilateral Investment Treaty (hereinafter "BIT")' The author is of the view that although Brazilian courts, mainly the Superior Court of Justice, which enjoys exclusive jurisdiction to hear requests for recognition of foreign arbitral awards is commendable ...