BRAZIL 44

02 - 12 - 2015

BRAZIL 44

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XLI (2016)
Jurisdiction Brazil
Summary

Brazil 44. EDF International S/A v. Endesa Latinoamérica S/A, Superior Court of Justice of Brazil, Case No. SEC no. 5.782 - EX, 2 December 2015

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
404

The court discusses issues relating to the manner of authentication and certification of the award and/or arbitration agreement.

Authentication and certification
516

Award not binding, suspended or set aside: The court discusses the difference between the exclusive jurisdiction to set aside an award (primary jurisdiction), which belongs to the courts of the country of origin of the award, and the jurisdiction of all other courts to recognize and enforce the award (secondary jurisdiction); issues relating to the determination of the “competent authority”; and whether an award that has been set aside in the country of origin can be enforced in another State under the Convention.

"Set aside"
BRAZIL 44