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BRAZIL 67
Superior Tribunal de Justiça, 30 October 2023, HDE No. 7591 - EX
(P H P L v. P M S P L)
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Superior Tribunal de Justiça, 30 October 2023, HDE No. 7591 - EX
(P H P L v. P M S P L)
BRAZIL 67
The Superior Court of Justice granted recognition of a US award. It rejected on the merits the contention that recognition would violate public policy because it would endorse a conduct by the applicant that, by halting telecommunications services under a contract, was contrary to good faith. 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 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.