Exception of Arbitration/Effects of the Arbitration Clause – 1
1-/-1/1998 – Appeal 058385-4/0 – São Paulo State Supreme Court (TJSP) – Corduroy vs. TCT
Arbitral award – Action to homologate – Dismissal without prejudice – Lack of standing to sue – Homologation not required – Decision upheld – Appeal denied
Exception of Arbitration/Effects of the Arbitration Clause – 2
1-/-1/2003 – Appeal 296036-4/4 – São Paulo State Supreme Court (TJSP) – Celso Varga vs. TRW
All-embracing clause – Allegation that mandatory nature of the clause would imply unconstitutionality, pursuant to art. 5 of Law No. 9,307/96 (art. 5, XXXV, of the Federal Constitution) – Declaratory action to annul arbitration clause – Action impaired by Federal Supreme Court’s (STF) decision on alleged unconstitutionality, regardless of the “inter partes” effectiveness of the clause.
Exception of Arbitration/Effects of the Arbitration Clause – 3
5-/-0/2003 – Appeal 393297-8 – Minas Gerais State Supreme Court (TJMG) –GKW vs. DaimlerChrysler
Provisional remedy to suspend protest – Declaratory suit and invalid trade notes – Suit seeking negative covenant (abstain from protesting other titles) – Simultaneous decision – Trade notes issued in connection with service agreement – Disagreement regarding performance of the agreement – Agreement to arbitrate – All-embracing arbitration clause – Decision granting suspension and abstention order “until disagreement is solved through arbitration” – Decision reversed – Dismissal of declaratory suit without prejudice, due to the lack of legal grounds – Decisions to suspend protest and order to abstain upheld.
Exception of Arbitration/Effects of the Arbitration Clause – 4
3-/-0/2003 – Appeal 70005269360 – Rio Grande do Sul State Supreme Court (TJRS) – Ieda Mattia vs. Barbara Gavenda
Lease agreement – Arbitration clause – Non-comprehensive arbitration clause – Action seeking performance of the agreement to arbitrate – Dismissal – Arbitration not mandatory – Art. 5, XXXV, of the Federal Constitution
Exception of Arbitration/Effects of the Arbitration Clause – 5
4-/-0/2003 – Special Appeal 450881 DF – Superior Court of Justice (STJ) – Americel vs. Compushopping
Non-Comprehensive Arbitration Clause – Resistance to arbitration – Action seeking dispute resolution in court – art. 7 of Law No. 9,307 – Alleged violation to art. 5, XXXV, of the Federal Constitution – Appeal not heard