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BRAZIL 71
Superior Tribunal de Justiça, 11 November 2024, Case No. HDE No. 7737 - EX
(Sistemas y Equipos Industriales C. Ltda. – SEIN v. Construtora Norberto Odebretch S/A)
BRAZIL 71
The Superior Court of Justice granted recognition of an AAA award rendered in the United States, finding that it met all requirements set out in the Brazilian Code of Civil Procedure, the Internal Rules of the Superior Court of Justice, and the Brazilian Arbitration Act, which mirror the provisions of the New York Convention. The Court rejected the contention that recognition could not be sought against the present defendant – the Brazilian parent company – as the award had been rendered against a separate Ecuadorian branch, noting that both companies had participated in the arbitration.
The court discusses issues relating to the identity of the party against whom enforcement of the arbitral award is sought, including: piercing of the corporate veil, succession, assignment, State or State entity, group of companies, agent or principal, etc. For the related defenses to enforcement, see Art. V(1)(a).
The court discusses issues relating to the manner of authentication and certification of the award and/or arbitration agreement.
The court discusses issues relating to the requirements of the translation (translation by sworn translator, translation of entire award etc.) and whether a translation is necessary.
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.