ISDS Case Map
Brazil
Despite challenges, the experiences of South Africa and Brazil demonstrate that there is room for genuine reimagination of the investment regime, where the interests of investors are matched with the development concerns of host countries.
Brazil and Chile launched the first round of negotiations for a “second generation” free trade agreement, since they already have 100% of their trade released for more than 20 years.
The Chilean President Sebastián Piñera and Brazilian President Michel discussed a proposal for a free trade agreement between Brazil and Chile.
Japan may soon manage something that the European Union has not yet done in South America, as negotiations to become an economic partner with the Mercosur trading block push ahead.
Malaysia is studying the possibility of establishing a free-trade agreement (FTA) with Brazil, International Trade and Industry Ministry Secretary-General Datuk Seri J Jayasiri said.
The Protocol draws significantly on the Brazilian model investment agreement, which stands out for departing from the traditional design of Bilateral Investment Treaties, particularly by excluding the possibility of investor-State dispute settlement (ISDS).
Brazil insists that it will not table a new offer as part of the ongoing EU-Mercosur talks until a proposal on beef and ethanol is on the table.
The ACFI model focuses on dispute prevention and bilateral governance, limiting arbitration to the State-to-State level.
Brazil has never approved any BITs nor did it sign the ICSID Convention but it continued to receive significant amounts of foreign direct investment (FDI), consolidating its position as one of the world’s top recipients of FDI
The European Union has insisted Brazilian representatives attend an emergency meeting to explain themselves regarding a scandal involving rotten meat and the country’s two largest exporters.
