Recognition and Enforcement of Foreign Awards – 1
2 -/-1/1999 – Foreign Award 5847 – Brazilian Supreme Court (STF) – Aiglon vs. Teka
Sales Agreement – All-embracing arbitration clause – No consumer relationship – No adhesion contract – Respondent appeared in the arbitration proceedings – Prior recognition is not required – Recognition and Enforcement granted
Recognition and Enforcement of Foreign Awards – 2
2-/-0/2000 – Foreign Award 5378 – Brazilian Supreme Court (SFT) – Tardivat vs. B. Oliveira
Foreign Award – Recognition and Enforcement – Requirements – Immediate application of Law No. 9,307 – Notification to appear– Appearance of a representative lacking due powers of representation does not compensate for lack of summons – Recognition and Enforcement denied
Recognition and Enforcement of Foreign Awards – 3
2-/-1/2000 – Foreign Award 5828 – Brazilian Supreme Court (STF) – Elkem vs. Conan
Freight agreement – All-embracing arbitration clause – Arbitration established prior to Law No. 9,307 – Respondent’s participation in the arbitration – Alleged nullity of the notification to appear – Notification made pursuant to art. 39, sole paragraph, of Law No. 9,307 – Immediate application – Award homologated
Recognition and Enforcement of Foreign Awards – 4
6-/-0/2002 – Foreign Award 6753 – Brazilian Supreme Court (STF) – Plexus vs. Santana
Sales agreement – All-embracing arbitration clause – Seller started arbitration proceedings – Seller appointed arbitrator – Agreement lacks buyer’s signature – No agreement to arbitrate – Appointing an arbitrator is not enough to submit the dispute to arbitration – Clear and certain manifestation of intent is required – art. 37, II, of Law No. 9,307 – Recognition and Enforcement denied