BRAZIL 73

Superior Tribunal de Justiça [Superior Court of Justice], Special Court, 15 November 2024, Internal Appeal in Case No. HDE No. 4843 - EX

(Trading Orion Exportação de Café Ltda v. Stability Marine ... Read more

Superior Tribunal de Justiça [Superior Court of Justice], Special Court, 15 November 2024, Internal Appeal in Case No. HDE No. 4843 - EX

(Trading Orion Exportação de Café Ltda v. Stability Marine Inc.)

 

 

15 - 11 - 2024

BRAZIL 73

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

In this internal appeal, the Special Court of the Supreme Court affirmed the Superior Court’s decision (BRAZIL 69) to grant recognition of a foreign arbitral award, finding that the decision correctly found that all formal requirements for recognition were met. The Superior Court had also been right in denying the request to modify the amount awarded by the sole arbitrator, based on the appellant’s objection to the exchange rate applied, since such modification would require a review of the award’s merits, which is not allowed in recognition proceedings.

Related topics
502

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.

No re-examination of the merits of the arbitral award
BRAZIL 73