BRAZIL 55

20 - 11 - 2017

BRAZIL 55

Yearbook Yearbook Commercial Arbitration, S. W. Schill (ed.), Vol. XLIV (2019)
Jurisdiction Brazil
Summary

Brazil 55. Winterthur Gas & Diesel AG v. Nuclebrás Equipamentos Pesados S A – NUCLEP, Superior Tribunal de Justiça, SEC 16.016 - EX, 20 November 2017

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
502

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.

No re-examination of the merits of the arbitral award
513 Ground d: Irregularity in the composition of the arbitral tribunal or arbitral procedure
524

Public policy: The court discusses the effect of other alleged violations of public policy on the recognition and enforcement of an arbitral award, such as contradictory reasons, manifest disregard of the law (US), etc.

Other cases
BRAZIL 55