Skip to main content

Absence of jurisdiction of the Brazilian judiciary to hear and adjudicate a nullity action against a foreign arbitration award. The rules of Articles 32 and 33 of the Brazilian Arbitration Act apply only to domestic awards. The competent authority for the annulment of an arbitration award is that of the country in which it was rendered, or secondarily, that of the country whose law was applied in the arbitration proceedings, pursuant to the New York Convention. The only available measure before the Brazilian judiciary with respect to a foreign award is its ratification (or denial of ratification) by the Superior Court of Justice (STJ) and subsequent enforcement in national territory, which, in the present case, had already been carried out:

Subscriber-only content

The full text of the rulings, the texts, and the attachments on this page are part of the Arbipedia collection and are released to subscribers.

Go deeper with our resources and get your questions answered: