Home / Americas / Brazil / Commercial

Commercial

Achieving business success in highly regulated markets requires effective management of commercial risks and of your supplier and customer relationships. Whether you are an international or domestic business active in Latin America, you can rely on our advice on complex and multi-jurisdictional contractual arrangements and our knowledge of the commercial issues facing the sectors in which you operate. We have particular experience advising international companies entering Latin American markets and continue to assist them as they grow their businesses in the region.

CMS stands out for its global reach and sector focus. The 'can do' team has a 'great understanding of the legal position, the deal, the commercial reality and the regulatory framework'.
Legal 500 UK, 2015

With over 350 commercial and regulatory lawyers across 34 countries, our multi-disciplinary teams are trained to understand the cultural and business factors impacting your commercial arrangements. We organise our teams around sectors and industries relevant to you, including financial services, manufacturing, automotive, consumer products, energy, hotels and leisure, infrastructure and projects, lifesciences, supply and logistics, real estate and construction, technology, telecoms, media and sports. We can guide you towards the best business outcome, whether you require advice on commercial contracts, supply services, e-commerce, IT or telecoms agreements, data protection, design and manufacturing, advertising, sponsorship and marketing, consumer sales, software licensing, outsourcing, or sales, agency, distribution and franchise agreements.

High­lights of our ex­per­i­ence in Com­mer­cial in Brazil
BG In­ter­na­tion­al on Brazili­an call off agree­ments un­der an in­ter­na­tion­al frame­work agree­ment for ap­plic­a­tion ser­vices with Ac­cen­ture.OSX on a broad range of com­mer­cial and con­trac­tu­al mat­ters re­gard­ing...

Feed

24/11/2021
On the Pulse
Wel­come to CMS ‘On the Pulse’ video/pod­cast series for all Life Sci­ences & Health­care pro­fes­sion­als – leg­al, com­pli­ance, reg­u­lat­ory
01/06/2021
Some leaks can­'t be fixed
“Con­fid­en­tial in­form­a­tion is like an ice cube... give it to the party who has no re­fri­ger­at­or or will not agree to keep it in one, and by the time of the tri­al you have just a pool of wa­ter.” This...
26/03/2021
Oil & Gas / Ship­ping – The Ever Giv­en
The Suez Canal opened in 1869. Along with the Panama Canal, it is one of the most im­port­ant mari­time “short­cuts” ever built. Today, the canal is 193km (120 miles) long and is one of the busiest wa­ter­ways...
04/02/2021
Law and reg­u­la­tion of force ma­jeure in Brazil
1. Is there le­gis­la­tion on force ma­jeure in your law sys­tem? Yes, it is con­tained in Art­icle 393 of the Brazili­an Civil Code.  2. If so, what is the text of the force ma­jeure clause in your civil code?...
01/12/2020
Ar­bit­ral rules – The sea­son of change con­tin­ues: ICC Ar­bit­ra­tion Up­date
On 1 Decem­ber 2020, the ICC In­ter­na­tion­al Court of Ar­bit­ra­tion launched its re­vised ICC Ar­bit­ra­tion Rules (the “Rules”), which will ap­ply to ar­bit­ra­tions sub­mit­ted to the ICC Court from 1 Janu­ary...
14/07/2020
More con­flict­ing judg­ments from Eng­land and France: un­cer­tainty for users...
In­tro­duc­tion In a sig­ni­fic­ant case for in­ter­na­tion­al com­mer­cial ar­bit­ra­tion, on 23 June 2020, the Par­is Court of Ap­peal re­jec­ted an ap­plic­a­tion to an­nul an ICC award, find­ing that the ar­bit­ral tribunal...
28/04/2020
In­dir­ect and con­sequen­tial loss ex­clu­sions: Eng­lish law holds the line...
A Tech­no­logy and Con­struc­tion Court de­cision last week has con­sidered a dir­ect at­tack on the tra­di­tion­ally nar­row in­ter­pret­a­tion giv­en by the Eng­lish courts to in­dir­ect and con­sequen­tial loss ex­clu­sion...
14/04/2020
Oil & Gas: No con­tract, no pay­ment 
In For­um Ser­vices In­ter­na­tion­al Lim­ited and For­um Macaé Ser­viços De Pet­róleo Ei­re­li v OOS In­ter­na­tion­al BV [2020] EWHC 170 (Comm) the Com­mer­cial Court re­jec­ted a claim for com­mis­sions, re­lat­ing to...
17/03/2020
While doc­tors fight COV­ID-19 au­thor­it­ies battle fraud, price hikes and...
In every coun­try hit by COV­ID-19, the dis­ease linked to the Coronavir­us, com­pet­i­tion and con­sumer pro­tec­tion au­thor­it­ies have been con­fron­ted with the vir­us's im­plic­a­tions. Gov­ern­ments, au­thor­it­ies and...
07/08/2019
Singa­pore Con­ven­tion on Me­di­ation signed by 46 coun­tries at open­ing in...
This art­icle is pro­duced by CMS Hol­born Asia, a Form­al Law Al­li­ance between CMS Singa­pore and Hol­born Law LLC. The United Na­tions Con­ven­tion on In­ter­na­tion­al Set­tle­ment Agree­ments Res­ult­ing from Me­di­ation...
16/07/2019
An in­tro­duc­tion to the law of block­chain and dis­trib­uted ledger tech­no­lo­gies...
Data Pro­tec­tion The European Gen­er­al Data Pro­tec­tion Reg­u­la­tion raises at least two is­sues in par­tic­u­lar in this con­text. First: is pseud­onym­ous in­form­a­tion per­son­al data? Second: how can a “right...
11/07/2019
An in­tro­duc­tion to the law of block­chain and dis­trib­uted ledger tech­no­lo­gies...
Rem­ed­ies: In Prin­ciple The ori­gin­al Bit­coin White Pa­per stressed the im­port­ance of trans­ac­tions not be­ing re­vers­ible. Ir­re­vers­ib­il­ity is a func­tion of Bit­coin, de­lib­er­ately de­signed to re­duce trans­ac­tion...