1 Introduction

Historically, knock-for-knock clauses have not deserved a lot of attention from Brazilian scholars. This is not due to the negligence of Brazilian scholars, but rather a consequence of the very limited (not to say rare) historical use of knock-for-knock clauses in Brazil, which also leads to very little case law on this matter. The adversarial culture consolidated in contractual relations in Brazil also plays a relevant role in the resistance to the type of risk allocation inherent to the nature of such clause.