BRAZIL 66

Superior Tribunal de Justiça, 15 September 2023, HDE No. 6749 - EX

(CDI do Brasil Comercio e Exportaçao de Commodities Ltda v. Olara Giovanna Barbara Teixeira ... Read more

Superior Tribunal de Justiça, 15 September 2023, HDE No. 6749 - EX

(CDI do Brasil Comercio e Exportaçao de Commodities Ltda v. Olara Giovanna Barbara Teixeira Rocha) 

 

 

 

15 - 09 - 2023

BRAZIL 66

Yearbook Yearbook Commercial Arbitration, S. W. Schill (ed.), Vol. XLIX (2024)
Jurisdiction Brazil
Original full text Full text decision BRAZIL 66
Excerpt Excerpt decision BRAZIL 66
Summary

The Superior Court of Justice granted recognition of an award issued in the United Kingdom, rejecting the various defenses raised by the defendant. The Court found in particular that the defendant failed to indicate what acts of the arbitration which were not in the Portuguese language affected its right to due process. The Court applied the provisions of Brazilian law that mirror the provisions of the New York Convention.
Related topics
402

The court discusses how to determine whether the document supplied is an award capable of being recognized and enforced, including whether the award is duly authenticated, and whether a copy is duly certified; whether a prior interim and/or partial award should be supplied together with the final award.

 Original or copy arbitral award
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
514 Ground e: Award not binding, suspended or set aside - "Binding"
524

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.

 Other cases
BRAZIL 66