BRAZIL 29

18 - 04 - 2012

BRAZIL 29

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXXVIII (2013)
Jurisdiction Brazil
Summary

Brazil 29. Superior Court of Justice of Brazil, 18 April 2012

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
504 Paragraph 1 - Ground a: Invalidity of the arbitration agreement - Agreement referred to in Art. II
519

Public policy: The court discusses cases in which the subject matter of the award was not arbitrable in the enforcement State on public policy grounds.

Ground a: Arbitrability
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 29