BRAZIL 39

20 - 08 - 2014

BRAZIL 39

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XL (2015)
Jurisdiction Brazil
Summary

Brazil 39. Superior Tribunal de Justiça, 20 August 2014

Related topics
401

The court discusses the general conditions the Convention imposes on a petitioner for seeking recognition and enforcement of an arbitral award – namely, the submission of the original arbitration agreement or arbitral award or a certified copy thereof – and examines in general whether these conditions were complied in the case at issue.

Conditions to be fulfilled by petitioner in general
507

Invalidity of the arbitration agreement: The court discusses other cases of invalidity of the arbitration agreement, including that there was no agreement at all or that the party was not a signatory thereto, that the incorrect arbitral institution was chosen, etc.

Miscellaneous cases regarding the arbitration agreement
508 Ground b: Violation of due process in general
522

Public policy: The court discusses the consequences of the lack of reasons in the award on its recognition and enforcement.

Lack of reasons in award
BRAZIL 39