Brazil's BIT Dilemma
December 17, 2009, Global Arbitration Review

Foreign direct investment continues to flow into and out of Brazil . However , Brazil is not a party to any bilateral investment treaties (BITs) , and many Brazilian companies are wondering if the government should revise its stance toward BITs.

Jonathan Hamilton, an international arbitration partner at White & Case in Washington, DC, who frequently represents Brazilian multinationals, observes that when a nation is as blessed with resources as Brazil, it doesn’t always need to offer the same inducements to foreigners. “Unlike some smaller Latin American countries, the country doesn’t fear that it may lose out to a neighbour if it doesn’t offer treaty protections,” he says.