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Part 2 Specific Issues of Arbitration in Brazil, 9 International versus National Awards

Pedro Batista Martins

From: International Arbitration: Law and Practice in Brazil

Edited By: Peter Sester

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 04 March 2024

Subject(s):
Awards — Arbitration

This chapter explores the difference between international and national awards. The Superior Tribunal of Justice (STJ) is, strictly speaking, the last judicial body competent to deal with matters of an infra-constitutional nature. Hence, it is the Court that harmonizes the case law related to arbitration in Brazil. In 2004, the competence to recognize and enforce foreign judicial and arbitral awards was transferred from the Supremo Tribunal Federal (Supreme Court) to the STJ. Immediately after being granted such competence, the STJ introduced very contemporaneous rules on the recognition and enforcement of foreign awards by issuing on May 4, 2005 the Resolution Number 9. It is possible to issue provisional relief during the recognition proceeding; it is also possible to issue partial recognition of foreign arbitral awards; and allowed to enforce provisional relief granted abroad through rogatory letter. The chapter then highlights the main arbitration concepts and addresses the STJ's arbitration case law.

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