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BRAZIL 62
Superior Tribunal de Justiça, Special Court, 3 August 2022, HDE No. 5431 - EX
(Noble Resources international PTE Ltd v. Full Comex Trading ... Read more
Superior Tribunal de Justiça, Special Court, 3 August 2022, HDE No. 5431 - EX
(Noble Resources international PTE Ltd v. Full Comex Trading S.A)
BRAZIL 62
The Superior Court of Justice granted recognition of an award rendered in Hong Kong. It dismissed, among others, the defendant’s contention that it had not been properly summoned to the arbitration, noting that the arbitral award explicitly mentioned that the defendant had not appeared before the tribunal despite being summoned by email and by post. The Court applied the provisions of Brazilian law that mirror the provisions of the New York Convention.
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 issues relating to the manner of authentication and certification of the award and/or arbitration agreement.
The court discusses issues relating to the requirements of the translation (translation by sworn translator, translation of entire award etc.) and whether a translation is necessary.
The court discusses the overall scheme and/or pro-enforcement bias of the Convention.
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.
Due process: The court discusses what constitutes “proper notice” of the appointment of the arbitrators or of the arbitration proceedings.