- You are here:
- Home
- Court Decisions
- BRAZIL 60
BRAZIL 60
Superior Tribunal de Justiça, Special Court, 1 August 2022, HDE No. 3876 - EX
(Elecnor Peru SAC Ltd v. CNO S.A., formerly Construtora Norberto Odebrecht S.A.)
BRAZIL 60
Applying Brazilian law provisions that mirror the provisions of the New York Convention, the Superior Court of Justice granted recognition of a Peruvian award. The defendant’s formal objections – that parts of the award attached to the recognition application were unreadable and other parts were not translated – had already been rejected in first instance. As to the alleged violation of public policy, the Court found no indication of any such violation.
The court discusses the principle that the procedure for the enforcement of awards under the Convention is governed by the lex fori, as well as procedural issues (such as the competent enforcement court) not falling under the specific cases of ¶¶ 302-307.
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.
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.
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.