BRAZIL 72

Superior Tribunal de Justiça, 13 November 2024, Internal Appeal in the Motion for Clarification in Case No. HDE No. 6541 - EX

(P E I G v. I I DE M I L)

13 - 11 - 2024

BRAZIL 72

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

The Special Court of the Superior Court of Justice dismissed the internal appeal filed by the respondent against the Court’s decision (BRAZIL 68) that had granted recognition of a DIS award rendered in Germany. The respondent challenged in particular the Superior Court’s holding that the respondent’s right to due process had not been violated because it had been notified of the arbitration through postal service and email, with evidence of receipt. The Court affirmed that no letters rogatory are required in arbitration, and that only proof of receipt is necessary.

Related topics
509

Due process: The court discusses what constitutes “proper notice” of the appointment of the arbitrators or of the arbitration proceedings.

"Proper notice"
BRAZIL 72