Foreign lawyers can lead arbitration proceedings seated in Brazil without joining the Brazilian bar, but they must hand off to locally registered counsel the moment a dispute reaches the country’s courts, Global Law Experts reported.
The Brazilian Arbitration Act, Lei nº 9.307/1996 as amended by Lei nº 13.129/2015, places no bar-membership requirement on a party’s choice of representative in arbitration, the report found. That distinguishes arbitral advocacy from court advocacy, where the Advocacy Statute, Lei nº 8.906/1994, reserves representation before state courts to lawyers registered with the Ordem dos Advogados do Brasil, the OAB.
Because the Arbitration Act creates a self-contained procedural framework, the usual licensing constraints that apply to litigation do not carry into the arbitral forum, Global Law Experts reported. Institutional rules reinforce the position: chambers administering Brazil-seated arbitrations, including those applying ICC rules, focus on whether a representative is duly authorized, not on where that representative qualified.
Tribunals seated in Brazil routinely accept submissions, oral advocacy and cross-examination from foreign counsel, and foreign and Brazilian lawyers frequently appear side by side as co-counsel in the same proceeding.
The line falls when a step requires appearing before a Brazilian court. Enforcement of awards, interim and ancillary relief, annulment proceedings, and evidentiary measures such as letters rogatory all play out in the state courts, where only OAB-registered lawyers may appear and sign pleadings, Global Law Experts reported.
Recognition and enforcement of a foreign award is sought before the Superior Tribunal de Justiça, the STJ, which means an OAB-registered lawyer must appear even at that stage.
| Step | Who can act |
|---|---|
| Arbitral hearings before the tribunal | Foreign counsel may lead |
| Interim relief before a state court | OAB-registered local counsel required |
| Recognition and enforcement of awards | OAB-registered local counsel required |
| Annulment proceedings | OAB-registered local counsel required |
The most common source of avoidable delay is a defective power of attorney, Global Law Experts reported. A mandate for a Brazil-seated arbitration should cover both the arbitral proceeding and foreseeable court-facing steps, with express authority to instruct local counsel.
A power of attorney executed abroad generally must be authenticated before use in Brazil. Where the executing country is party to the Hague Apostille Convention, notarization plus an apostille suffices; Brazil has been a party since 2016. Otherwise, consular legalization applies. Documents used before Brazilian courts also require translation into Portuguese by a sworn translator, though English-language documents may be used in an English-language arbitration subject to the tribunal’s directions.
Three engagement models recur in practice, Global Law Experts reported: foreign lead counsel with local co-counsel retained from the start; genuine co-counsel collaboration with the Brazilian firm empowered for court appearances; and local counsel instructed only for discrete court steps, which risks delay if deadlines loom.
Can a foreign lawyer represent a client in a Brazil-seated arbitration? Yes. The Brazilian Arbitration Act does not condition representation on Brazilian bar membership, and tribunals routinely accept foreign counsel, Global Law Experts reported.
When must a party hire a Brazilian lawyer? Whenever a step reaches the state courts — enforcement, interim relief, annulment or judicial assistance — only OAB-registered lawyers may appear, according to Global Law Experts.
Which court handles recognition of foreign awards? The Superior Tribunal de Justiça, the STJ, hears recognition and enforcement of foreign awards, Global Law Experts reported.
Related reading