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BRAZIL 64
Superior Tribunal de Justiça, Special Court, 3 May 2023, HDE No. 7227 - EX
(Perlatop S.A. v. HRC Fortaleza Entretenimento Ltda.)
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Superior Tribunal de Justiça, Special Court, 3 May 2023, HDE No. 7227 - EX
(Perlatop S.A. v. HRC Fortaleza Entretenimento Ltda.)
BRAZIL 64
Granting recognition of a US award, the Superior Court of Justice dismissed the argument that the award violated public policy because the arbitration clause on which it was based was contained in a contract of adhesion, and was therefore null and void under the Brazilian Arbitration Act. The Court held that the determination of the validity of the arbitration agreement was the task of the arbitral tribunal, which, in this case, had held that the arbitration clause was valid. 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 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.