BRAZIL 8
Yearbook
Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXXIII (2008)
Jurisdiction
Brazil
Original full text
Full text decision BRAZIL 8
Excerpt
Excerpt decision BRAZIL 8
Summary
Brazil 8. Superior Tribunal de Justiça, 3 October 2007
Related topics
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.
503
Burden of proof on respondent
The court discusses the burden of proof of the grounds for refusing enforcement under the Convention.
507
Miscellaneous cases regarding the arbitration agreement
Invalidity of the arbitration agreement: The court discusses other cases of invalidity of the arbitration agreement, including that there was no agreement at all or that the party was not a signatory thereto, that the incorrect arbitral institution was chosen, etc.
508
Ground b: Violation of due process in general
514
Ground e: Award not binding, suspended or set aside - "Binding"