Adhesion Contract – 1
2-/-1/2003 – Interlocutory Appeal No. 815580-0/9 – 2nd São Paulo State Auxiliary Superior Court (TACSP) – Atlântica vs. Marbor
Hotel venture management agreement – Arbitration clause – Claim for indemnification – Defendant’s objection to arbitration – Claim denied by trial court on the grounds that the agreement that contains the arbitration clause is an adhesion contract – In addition, allegation that plaintiff is the weaker party to the suit – Interlocutory Appeal filed – Memorandums of understanding constitute evidence of the initiated negotiations – Both parties deemed to have equal negotiation powers (large companies) – Appeal granted – Arbitration clause considered valid – Dismissal without prejudice.
Adhesion Contract – 2
1-/-1/2004 – Appeal 157238-9 – Paraná State Supreme Court (TJPR) – Euroinsta vs. Siemens
Cognitive proceedings with a collection request – Credit arising from service agreement – Agreement to arbitrate evidenced by an arbitration clause – Defendant’s objection to arbitration – Allegation that the contract containing the agreement to arbitrate is an adhesion contract – No amendment or highlighted clause or special signature – Case dismissed by trial court based on the lack of grounds represented by a lack of standing to sue – Trial court held that parties are capable of negotiating contractual terms in view of their respective sizes, the type of companies that control them and their access to assistance provided by their internal legal departments – Allegation that the contract is an adhesion contract rejected – Decision upheld – Appeal denied