In large-scale contracts, complexity, amounts involved, and time are common causes of conflict between the parties. An effective option to help prevent and resolve these disputes is called a dispute board. This method, unlike mediation, arbitration and conciliation, consists of creating a council of technicians, appointed by both parties, who have the obligation to monitor the execution of the contracted service and issue opinions and opinions, which may be binding. Thus, the dispute board acts before the existence of a conflict, and allows the parties to be able to agree eventual contractual changes with lower costs and in a faster way.
In this sense, public sector bids are conducive to the use of dispute boards in the prevention and resolution of possible obstacles that may impair the performance of the contract. Although this type of method has already been used in previous projects, such as the construction of Line 4 (Yellow) of the São Paulo subway, the contracts signed for the renovation of the stadiums for the 2014 World Cup, the international contracts related to the 2016 Olympic and Paralympic Games, the public-private partnership of Rodovia MG-050 and the contracts for the northern section of the Rodoanel de São Paulo, there was no provision in law.
Now, Law 14.133/21 brought, in its article 151, the use of this type of method for application in public administration contracts. In this regard, the provision of the sole paragraph of this article is highlighted, which limits the application of dispute boards to disputes involving available property rights, specifically arising from possible breach of contract. Therefore, access to the judiciary for other disputes is protected.
In a recent decision, the Third Panel of the Superior Court of Justice (STJ) upheld the extrajudicial exclusion of a partner based on a private instrument signed by all members of the company, even without registration with the Board of Trade.[1]
In the case under review, after the company's formation and registration, the partners signed a document called a "statute," [...]
The Supreme Federal Court (STF) has decided to suspend, nationwide, all legal proceedings that question the legality of service provision contracts, commonly known as “pejotização”. The decision, issued by Justice Gilmar Mendes, aims to standardize the interpretation on the matter and ensure legal certainty. The STF recognized the general repercussion of the issue when it […]
Uma importante decisão proferida recentemente pelo Supremo Tribunal Federal (STF), a partir de atuação da equipe trabalhista Cesar Peres Dulac Müller Advogados, trouxe novamente à tona a relevância da observância aos precedentes vinculantes da Corte em matéria trabalhista, especialmente quanto à licitude de formas alternativas de contratação, como a prestação de serviços por pessoa jurídica — prática […]
The annual holding of the Ordinary General Meeting (OGM) for the accountability of the administrators is a legal requirement provided for in Law No. 6,404/1976 (Brazilian Corporations Law), specifically in Articles 132 and following. This provision establishes that the OGM must take place within the first four (4) months following the end of the fiscal year, usually by […]
The Full Bench of the Superior Labor Court, in a session held this Monday (24), established legal theses on new topics, as part of a procedure to reaffirm its jurisprudence. These are matters that, as they are already settled, were submitted to the repetitive appeals procedure to define a binding legal thesis. The establishment of qualified precedents has a direct impact […]
On March 18, 2025, at the Hotel Laghetto Stilo Higienópolis, Thomas Dulac Müller, a lawyer and expert in corporate restructuring, participated in the panel "Third-Party Liability in Bankruptcy", sharing his expertise alongside top industry specialists. The discussion provided strategic insights into the legal implications of bankruptcy for third parties involved in insolvency proceedings. […]
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