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Superior Tribunal de Justiça, 1 August 2024, Case No. HDE No. 4880 - EX

(Platypus Wear Inc. v. Industria e Comercio Villa Cafe Ltda ME)

 

01 - 08 - 2024

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Yearbook Yearbook Commercial Arbitration, S. W. Schill (ed.), Vol. XL (2025)
Jurisdiction Brazil
Summary

The Superior Court of Justice granted recognition of a JAMS award. It explained that the recognition court may only examine whether the requirements set out in the New York Convention, the Brazilian Arbitration Act, the Internal Rules of the Superior Court of Justice, and the Hague Apostille Convention, where applicable, are met. This was the case here. The Court also rejected the defendant’s claim that there had been a violation of due process because notifications and communications in the arbitration had been effected through electronic and postal means. The parties, the Court reasoned, had agreed on the applicable arbitration rules, which allowed for such means.

Related topics
301

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.

Procedure for enforcement in general
404

The court discusses issues relating to the manner of authentication and certification of the award and/or arbitration agreement.

Authentication and certification
500

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

Grounds for refusal of enforcement in general
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