Enforcement of Arbitral Awards in Brazil: Overview
Year: 2015
Type: preprint
Abstract: QA applicable conventions; enforcing awards; public policy, enforcement proceedings; formalities; actual enforcement; and any reform proposals. This Q&A is part of the Enforcement of Judgments and Arbitral Awards in Commercial Matters Global Guide. Enforcement of awards Definitions and preliminary proceedings Although it is not defined, an arbitral is a decision given by an arbitrator or an tribunal in the course of arbitration proceedings through which the arbitrator or tribunal decides on the dispute, partially or completely. Among other requirements established in Articles 26 and 27 of the Brazilian Arbitration Law (Federal Law No. 9,307/96), awards given in Brazil must be in writing. However, contrary to the United Nations Commission on International Trade Law (UNCITRAL) Model Law, the Brazilian Arbitration Law adopts a monist approach (that is, it does not distinguish between domestic and international arbitration). Brazil has opted instead to regulate how a foreign decision is to be recognised and enforced in Brazil after the due process of ratification (homologation) before the Superior Court of Justice, which is the highest court for nonconstitutional matters. Therefore, the law only differentiates foreign and national awards based on the place where they were given in accordance with the provisions of the UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (New York Convention). Domestic decisions Preliminary, provisional or precautionary decisions, including partial or interim awards, given by arbitrators or tribunals within the Brazilian jurisdiction are enforceable before the courts. The Brazilian Arbitration Law also admits the possibility of preliminary, provisional or precautionary decisions being given by the courts before the commencement of the arbitration (Articles 22A and 22B, Brazilian Arbitration Law). Foreign decisions The Brazilian Arbitration Law establishes that the Superior Court of Justice is the competent court for the recognition and enforcement of foreign awards or decisions. The law also sets out that recognition and enforcement must be performed according to the applicable international treaties and, only in the absence of those, according to the provisions contained in the Brazilian Arbitration Law and in the Superior Court of Justice's Rules of Procedure. 1. What is the definition of an award in your jurisdiction for the purpose of enforcement proceedings? 2. Are decisions in preliminary/provisional proceedings recognised and enforceable?
Source: SSRN Electronic Journal
Author: Ricardo Dalmaso Marques
Institution: Universidade de São Paulo
Language: English
Subfield: Strategy and Management
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W3192188656