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BRAZIL 74
Superior Tribunal de Justiça, 5 December 2024, Case No. HDE No. 6018 - EX
(Piaggio Group Americas Inc. v. Asset Beclly Investimentos E Participações EIRELI)
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Superior Tribunal de Justiça, 5 December 2024, Case No. HDE No. 6018 - EX
(Piaggio Group Americas Inc. v. Asset Beclly Investimentos E Participações EIRELI)
BRAZIL 74
The Superior Court of Justice granted recognition of an ICC award rendered in Italy, finding that it met all the requirements set out in 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 dismissed the preliminary objections that an arbitration agreement was lacking and that it was impossible to ascertain that the arbitration ad been in accordance with the parties’ agreement, because the ICC Arbitration Rules had not been submitted together with the application. The Court found that the parties’ agreement to arbitrate was sufficiently proven by the ICC arbitration clause in the parties’ contract. The submission of the ICC Rules was therefore unnecessary.
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 issues relating to the requirement to supply the original arbitration agreement or a copy thereof to prove the prima facie validity of the arbitration agreement, as well as the application of more favorable municipal laws that do not provide for this requirement.
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.