September 14, 2026
Publication: JOTA
As Brazil marks the 30th anniversary of its Arbitration Law, Kobre & Kim’s Sergio Aguiar explores how arbitration has evolved from a once-controversial mechanism into a well-established pillar of legal certainty and dispute resolution.
In an op-ed for JOTA, Sergio argues that while arbitration has succeeded in providing parties with a reliable framework for resolving complex disputes, the focus is increasingly shifting toward a different challenge: ensuring that arbitral awards result in meaningful recoveries. He discusses how effective enforcement has become a critical consideration, particularly as disputes grow more international and assets, counterparties and recovery opportunities often span multiple jurisdictions.
Reflecting on three decades of progress, Sergio suggests that the next stage in arbitration's development will be defined not only by the quality and legitimacy of the arbitral process, but also by the ability of successful parties to convert favorable decisions into tangible outcomes.
Read the full article here.