Action to Annul Arbitral Award – 1
4-/-0/2002 – Interlocutory Appeal No. 1085233-4 – 1st São Paulo State Auxiliary Superior Court (TACSP) – Gevisa vs. GVA
Service agreement – Dispute decided by arbitration – Supervening allegation that the agreement is an agency agreement –Allegation that rights ruled by Law No. 4,886/65 are non-negotiable – Declaratory suit to annul arbitral award based on the lack of arbitrability – Motion for advance relief to stay arbitral award, including its characterization as an execution instrument – Advance relief denied – Decision upheld.
Action to Annul Arbitral Award – 2
0-/-1/2002 – Appeal 20942/02 – Rio de Janeiro State Supreme Court (TJRJ) – Doux and Frangosul vs. W.M. Empreendimentos
Arbitral award – Allegation that it exceeds the scope of the agreement to arbitrate – Allegation that it adopts judgment criteria (equity) not authorized by the parties -Construction of the agreement to arbitrate – Procedural formalities attenuated – Appeal denied.
Action to Annul Arbitral Award – 3
0-/-1/2003 – Appeal 386180-7– Minas Gerais State Auxiliary Superior Court (TAMG) – Comercial Barros vs. Estate
Partial company dissolution – Parties’ agreement in the course of the litigation to submit the dispute to arbitration – Assessment of deceased shareholder’s assets in arbitration proceedings – “Ad hoc” arbitration – Action to annul arbitral award – Allegation that judicial control applies in case of violation to the legal order or nullity – Allegation that arbitral award exceeds the limits of the claim – events provided for in article 32 of Law No. 9,307 – Claim denied – Decision upheld.
Action to Annul Arbitral Award – 4
2007 – Case No. 583.00.2007.116858-6 – São Paulo State Supreme Court (TJSP) – 2nd Civil Court – Racional Engenharia Ltda. vs. Rio do Brasil Projetos Ltda.
Action to annul arbitral award – Allegation that right to defense was restricted in view of arbitrators’ decision refusing accounting expert’s evidence – Allegation that arbitral award is null because it is contrary to the evidence produced in the records and failed to fulfill the requisites set out in article 26 of Law No. 9,307/96, particularly the grounds – Claim dismissed without prejudice – Merits of the arbitral award cannot be challenged with court – Jurisdictional nature of arbitral awards.
Action to Annul Arbitral Award – 5
2007 Interlocutory Appeal No. 1106247-0/0 – São Paulo State Supreme Court (TJSP) – 2nd Civil Court – Racional Engenharia Ltda. vs. Rio do Brasil Projetos Ltda. and Arbitration and Mediation Center of the Brazil-Canada Chamber of Commerce
Action to annul arbitral award coupled with motion for advance relief (for the purpose of staying arbitral award until decision on the dispute) – Petition denied by trial court and claim dismissed without prejudice – Appeal filed coupled with a claim to stay arbitral award – Claim to stay denied – Interlocutory appeal filed – Interlocutory appeal heard but denied.