Anti-suit Injunction – 1
5-/-0/2001 – Interlocutory Appeal No. 197978-4/0 – São Paulo State Supreme Court (TJSP) – TRW Celso Varga
Arbitration suspended by reason of advanced relief – Arbitrator designated by respondent to the arbitration proceedings – Arbitrability and constitutionality of arbitration act challenged in court – Reasonable grounds for suspension – In case of doubt, state jurisdiction shall prevail – Interlocutory appeal denied.
Anti-suit Injunction – 2
1-/-0/2002 – Case No. 00109052374 – 2nd Public Treasury Court (VFP) of Porto Alegre – RGE AES
Provisional remedy – Request to suspend the commencement and continuation of arbitration proceedings, under penalty of daily fine – Dispute concerning electricity trade agreement – Notice given by AES Sul Distribuidora to Rio Grande Energia SA regarding the commencement of arbitration proceedings in accordance with the ICC rules – Court held that the secretariat’s headquarters (located in Paris) violate the arbitration clause when establishing Porto Alegre as the place of arbitration – Court further held that the adversarial system and ample defense doctrine are violated since the arbitration is conducted in a foreign language and the hiring of an interpreter through a bidding process is required, which reduces the amount of time available for defense – Court acknowledged that quasi-public corporations cannot be parties to an arbitration since their interests are not freely negotiable – Injunction granted.
Anti-suit Injunction – 3
6-/-0/2003 – Case No. 24334 – advance relief – 3rd Public Treasury Court (VFP) of Curitiba – Copel UEG
Agreement involving a public corporation – All-embracing arbitration clause – Motion to declare the nullity of the arbitration clause – Advance relief granted to suspend arbitration – “periculum in mora” [danger arising from the delay; risk of irreparable harm to a right if relief is not granted] characterized by claimant’s notice given to the other party to submit its defense – “Fumus boni iuris” [presumption of sufficient legal basis] characterized by an existent public interest – Granted.
Anti-suit Injunction – 4
6-/-0/2004 – Case No. 160213-7 – decision – Paraná State Supreme Court (TJPR) – UEG Copel
Provisional remedy – Decision pending review on appeal – Decision ordering appellant to “refrain from proceeding with the arbitration under penalty of a daily fine” – Appeal not stayed – Evidence that Appellee will take part of all acts within arbitral procedure – Banning the performance of acts in arbitration violates constitutional principles regarding procedure – Order to refrain suspended – Fine suspended.
Anti-suit Injunction – 5
5-/-0/2004 – Case No. 134330 – São Paulo State Supreme Court (TJSP) – Kaplan Syncor et al.
Provisional remedy – Preliminary injunction seeking to suspend the commencement of arbitration – Service and lease agreement entered into between Brazilian parties containing an arbitration clause – Filing by one of the parties of a suit for damages against the Brazilian party and its foreign controlling company – Objection to arbitration (in relation to Brazilian party) granted – Lack of standing to be sued (of the foreign company) also granted – Appeal against decision to dismiss pending – Meanwhile, Brazilian parties – plaintiffs to the cognitive suit – started arbitration proceedings – Defendants alleged duplication – Injunction granted to immediately suspend the beginning of arbitration proceedings