The arbitrator Epitácio Pessoa and the Brazilian approach to arbitration: an analysis of the settlement of disputes between public entities and foreign investors

Reiterated since the 1960s by consecutive yet ideologically different federal administrations, Brazilian resistance to international investor-State dispute resolution has been taken for granted in many arbitral circles, especially due a perception that Latin American country adhered Calvo and Drago Doctrines. This paper questions those assumptions as it analyzes neglected awards issued 1916 1918 famous internationalist Epitácio Pessoa, renowned jurist at time President of Brazil from 1919 1922, who settled disputes between public entities – Municipality Rio de Janeiro Federal government, on one side foreign investors, other side, derived tramway railway concessions. article unprecedentedly considers investigates legal bases over which always had instance arbitration than countries, aiming contributing understanding contemporary resistances settlement.