UNITED STATES 26 June 2023 Pistorello

United States District Court, Middle District of Florida, Orlando Division, 26 June 2023, Case No: 6:21-cv-611-WWB-LHP(Ivanilde Pistorello and Augusto Grando v. SUPRICEL Participacoes Ltda and Luis Guilherme Schnor)

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United States District Court, Middle District of Florida, Orlando Division, 26 June 2023, Case No: 6:21-cv-611-WWB-LHP(Ivanilde Pistorello and Augusto Grando v. SUPRICEL Participacoes Ltda and Luis Guilherme Schnor)

 

26 - 06 - 2023

UNITED STATES 26 June 2023 Pistorello

Jurisdiction United States
Summary

The Magistrate Judge recommended that the motion to dismiss a petition to confirm a CAM-CCBC award rendered in Brazil be denied. The Judge first explained the confirmation system under the New York Convention and its implementing legislation, the Federal Arbitration Act (FAA), and then concluded, in the relevant part of the decision, that the arguments raised by the defendants did not fall under the seven enumerated grounds for refusal in the Convention. The defendants had claimed that the petitioners failed to join a party, who as a party to the award, as an indispensable party to the action, and that the petitioners failed to sufficiently assert a claim for relief because they did not attach documents from various litigations in Brazil relating to the award.

Related topics
501

The court discusses questions relating to the general approach taken by the Convention to the grounds for refusal of recognition and enforcement, including its pro-enforcement bias, as well as the system of the Convention, under which recognition and enforcement may only be denied on seven listed grounds and the petitioner has only the obligations set out in Art. IV.

Grounds are exhaustive
UNITED STATES 26 June 2023 Pistorello