BRAZIL 43
Yearbook
Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XLI (2016)
Jurisdiction
Brazil
Excerpt
Excerpt decision BRAZIL 43
Summary
Brazil 43. Mercovia S/A v. Comissao Mista Argentino Brasileira, Superior Tribunal de Justiça, SEC no. 10.432 - EX, 16 September 2015
Related topics
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.
401
Conditions to be fulfilled by petitioner in general
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.