BRAZIL 4
Yearbook
Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXXIII (2008)
Jurisdiction
Brazil
Original full text
Full text decision BRAZIL 4
Excerpt
Excerpt decision BRAZIL 4
Summary
Brazil 4. Superior Tribunal de Justiça, 17 May 2006 and 3 March 2007
Related topics
112
Retroactivity
The court discusses whether the Convention may be applied retroactively and, if so, as of when: e.g., with the conclusion of the arbitration agreement, the commencement of arbitration, the rendition of the award.
303
Estoppel/waiver
The court discusses the conditions under which a party may be estopped from raising a ground for refusal of enforcement under the Convention or has waived the right to raise it.
502
No re-examination of the merits of the arbitral award
The court discusses the principle that the merits of the award may not be reviewed and that the court may only carry out a limited review of the award to ascertain grounds for refusal.
504
Paragraph 1 - Ground a: Invalidity of the arbitration agreement - Agreement referred to in Art. II