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BRAZIL 75
Superior Tribunal de Justiça [Superior Court of Justice], 11 December 2024, Case No.HDE No. 6220 - EX
(Mohamad Reza Taket v. Bruno Cesar Correa and Colorado Atletico Clube)
BRAZIL 75
The Superior Court of Justice granted recognition of an award rendered by an arbitral tribunal deciding in accordance with the rules of the Dispute Resolution Chamber of the Fédération Internationale de Football Association (FIFA) in respect of the termination of the player loan agreement and the employment contract of Mr. César Correa, a football player. The Court examined the recognition request under the Brazilian Code of Civil Procedure, the Introductory Law to the Norms of Brazilian Law, the Internal Rules of the Superior Court of Justice, and the Brazilian Arbitration Act, which mirror the provisions of the New York Convention, and held that all necessary documents had been submitted and that there were no grounds for refusal.
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 the overall scheme and/or pro-enforcement bias of the Convention.