Embraer-Empresa Brasileira de Aeronautica (ERJ)


This excerpt taken from the ERJ 6-K filed Mar 23, 2006.


ARTICLE 63 – The Company, its shareholders, management and members of the Conselho Fiscal shall resolve, through arbitration, any and all dispute or controversy related or resulting, specially, from the construction, validity, effectiveness, interpretation, violation and its effects, of the provisions of Law No. 6404/76, as amended, of these By-Laws, of normative acts issued by Conselho Monetário Nacional, by the Central Bank of Brazil and by CVM, as well as any other rules applicable to the operation of the capital markets in general, other than those contained in the Rules of BOVESPA’s Novo Mercado, the Arbitration Regulation of the Chamber of Arbitration of the Market and the Agreement of Participation in the Novo Mercado.


SOLE PARAGRAPHThe provisions of this Article shall not apply in the event of a dispute or controversy related to or deriving from the common Golden share held by the Federal Government, or concerning its rights and prerogatives, on the terms of the Law or of these By-Laws, which shall be submitted to the jurisdiction of the Central Courts of the Judicial District of Brasília (Federal District).

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