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Recognition and Enforcement of Foreign Arbitral Awards in Brazil: A Practitioner’s Guide

Recognition and Enforcement of Foreign Arbitral Awards in Brazil: A Practitioner’s Guide

Author: Leonard de Campos Melo
Publisher: Kluwer Law International
ISBN: 9789041159892
Published In: June 2015
Format: Hardback , 208 pages
Jurisdiction: Brazil ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

How does Brazilian law and its Judiciary deal with requests for the recognition and enforcement of foreign arbitral awards?

This book has the answer. It is the first to provide you with practical guidance on the main steps and formal requirements for the recognition of foreign arbitral awards before Brazil’s Superior Court of Justice.

As Brazil turns into a major player in international trade, it’s important that successful parties in arbitration proceedings who may need to enforce awards in Brazil are aware of the local procedures for recognition and enforcement.

To help with this, the author includes a systematic compilation of all decisions issued by the Court on the recognition of foreign arbitral awards up to April 2015.

Thorough analysis includes:

The relevant procedural aspects of recognition proceedings, and the grounds for defense

The interplay of the New York Convention and the Brazilian Arbitration Act

The role of the Federal Public Attorney’s Office in recognition proceedings

The role played by counsel in recognition proceedings

Interim and conservatory measures in the course of recognition proceedings

Cases in which recognition was totally or partially refused

Applicable appeals in recognition proceedings

Challenges to recognition decisions available to the losing party

How the Brazilian Judiciary engages in international court/arbitral cooperation

Limitation periods for commencing enforcement proceedings

Limited grounds for defense in enforcement proceedings

Post-award interests

The expropriation of assets

Applicable appeals in enforcement proceedings

Particularly helpful are the sections where the author explains in detail why recognition was refused or partially refused in the applicable cases.

How this book will help you:

The first detailed, practical guide to securing recognition of foreign arbitral awards in Brazil, giving you the information you need

Provides you with a systematic compilation of virtually all decisions affecting the recognition of foreign arbitral awards in Brazil

Arms you with a full knowledge of the applicable law when drafting arbitration agreements or arbitration clauses for parties with interests in Brazil

Provides you with a bird’s eye view of the enforcement proceedings of awards in Brazil

Essential reading for:

Counsel and arbitrators working internationally, where Brazil’s presence and influence is rapidly growing

Parties involved in disputes likely to be decided through arbitration in the future, or which are underway

Parties to a contract who are simply drafting an arbitration clause.

About the Author.

Preface.

Foreword.

Acknowledgments.

List of Abbreviations.

Introduction.

Chapter 1 General Aspects of Recognition of Foreign Arbitral Awards in Brazil.

Chapter 2 Recognition Proceedings before the Superior Court of Justice.

Chapter 3 Decisions on the Merits in Recognition Proceedings before the Superior Court of Justice.

Chapter 4 Challenging Recognition Decisions Rendered by the Superior Court of Justice.

Chapter 5 The Role of the Superior Court of Justice in International Judicial Cooperation. Will the Court Support International Arbitration Proceedings?

Chapter 6 Enforcement of Foreign Arbitral Awards.

Concluding Remarks.

Annex 1.

Annex 2.

Annex 3.

Annex 4.

Annex 5.

Annex 6.

Bibliography.

Table of Cases.

Index.