BRAZIL 31
Yearbook
Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXXVIII (2013)
Jurisdiction
Brazil
Original full text
Full text decision BRAZIL 31
Excerpt
Excerpt decision BRAZIL 31
Summary
Brazil 31. Superior Court of Justice of Brazil, 6 February 2013
Related topics
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.
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
509
"Proper notice"
Due process: The court discusses what constitutes “proper notice” of the appointment of the arbitrators or of the arbitration proceedings.
514
Ground e: Award not binding, suspended or set aside - "Binding"