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BRAZIL 69
Superior Tribunal de Justiça, 19 June 2024, Case No. HDE No. 4843 - EX
(Stability Marine Inc v. Trading Orion Exportação de Café Ltda)
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Superior Tribunal de Justiça, 19 June 2024, Case No. HDE No. 4843 - EX
(Stability Marine Inc v. Trading Orion Exportação de Café Ltda)
BRAZIL 69
The Superior Court of Justice granted recognition of a foreign arbitral award, finding that it met the requirements set by the relevant provisions of the Brazilian Code of Civil Procedure, the Introductory Law to the Norms of Brazilian Law and the Internal Rules of the Superior Court of Justice, which mirror the provisions of the New York Convention. The Court denied the respondent’s request to modify the amount awarded by the sole arbitrator, on the ground that the respondent objected to the exchange rate applied. The Court held that a modification would require an impermissible review of the award’s merits. In BRAZIL 73, the Special Court of the Superior Court of Justice dismissed the internal appeal filed against this decision.
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 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.