BRAZIL 65

Superior Tribunal de Justiça, Special Court, 7 June 2023, HDE No. 7488 – EX

(Amazon Lines Limited v. Di Gregorio Navegação Ltda) 

07 - 06 - 2023

BRAZIL 65

Yearbook Yearbook Commercial Arbitration, S. W. Schill (ed.), Vol. XLIX (2024)
Jurisdiction Brazil
Original full text Full text decision BRAZIL 65
Excerpt Excerpt decision BRAZIL 65
Summary

The Superior Court of Justice granted recognition of an Italian award, dismissing an objection of violation of public policy. The Court explained that the objection concerned in fact the merits of the award, which fell outside the narrow scope of the review of the exequatur court. The Court applied the provisions of Brazilian law that mirror the provisions of the New York Convention.
Related topics
500

The court discusses the overall scheme and/or pro-enforcement bias of the Convention.

 Grounds for refusal of enforcement 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
511

Due process: The court discusses various irregularities affecting due process, including letters not sent, names of arbitrators or experts not communicated, language of proceedings and communications, etc.

"Otherwise unable to present his case"
BRAZIL 65