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Recognition and Enforcement of Foreign Arbitral Awards in Brazil

By Leonardo de Campos Melo
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Hardcover
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Overview

How does Brazilian law and its Judiciary deal with requests for the recognition and enforcement of foreign arbitral awards?

This book has the answer. It is the first to provide you with practical guidance on the main steps and formal requirements for the recognition of foreign arbitral awards before Brazil’s Superior Court of Justice.

As Brazil turns into a major player in international trade, it’s important that successful parties in arbitration proceedings who may need to enforce awards in Brazil are aware of the local procedures for recognition and enforcement.

To help with this, the author includes a systematic compilation of all decisions issued by the Court on the recognition of foreign arbitral awards up to April 2015.

Thorough analysis includes:

  • The relevant procedural aspects of recognition proceedings, and the grounds for defense
  • The interplay of the New York Convention and the Brazilian Arbitration Act
  • The role of the Federal Public Attorney’s Office in recognition proceedings
  • The role played by counsel in recognition proceedings
  • Interim and conservatory measures in the course of recognition proceedings
  • Cases in which recognition was totally or partially refused
  • Applicable appeals in recognition proceedings
  • Challenges to recognition decisions available to the losing party
  • How the Brazilian Judiciary engages in international court/arbitral cooperation
  • Limitation periods for commencing enforcement proceedings
  • Limited grounds for defense in enforcement proceedings
  • Post-award interests
  • The expropriation of assets
  • Applicable appeals in enforcement proceedings
  • Particularly helpful are the sections where the author explains in detail why recognition was refused or partially refused in the applicable cases.

How this book will help you:

  • The first detailed, practical guide to securing recognition of foreign arbitral awards in Brazil, giving you the information you need
  • Provides you with a systematic compilation of virtually all decisions affecting the recognition of foreign arbitral awards in Brazil
  • Arms you with a full knowledge of the applicable law when drafting arbitration agreements or arbitration clauses for parties with interests in Brazil
  • Provides you with a bird’s eye view of the enforcement proceedings of awards in Brazil

Essential reading for:

  • Counsel and arbitrators working internationally, where Brazil’s presence and influence is rapidly growing
  • Parties involved in disputes likely to be decided through arbitration in the future, or which are underway
  • Parties to a contract who are simply drafting an arbitration clause.

Resources Table of Contents
Pages 208
Publish Date 06/05/2015
Product Line Kluwer Law International
ISBN 9789041159892
SKU 9041159894
Table of Contents

About the Author.

Preface.

Foreword.

Acknowledgments.

List of Abbreviations.

Introduction.

Chapter 1 General Aspects of Recognition of Foreign Arbitral Awards in Brazil.

Chapter 2 Recognition Proceedings before the Superior Court of Justice.

Chapter 3 Decisions on the Merits in Recognition Proceedings before the Superior Court of Justice.

Chapter 4 Challenging Recognition Decisions Rendered by the Superior Court of Justice.

Chapter 5 The Role of the Superior Court of Justice in International Judicial Cooperation. Will the Court Support International Arbitration Proceedings?

Chapter 6 Enforcement of Foreign Arbitral Awards.

Concluding Remarks.

Annex 1.

Annex 2.

Annex 3.

Annex 4.

Annex 5.

Annex 6.

Bibliography.

Table of Cases.

Index.

Volumes