ABSTRACT: This paper will discuss the configuration or lack of configuration of "fraude de execução" (literally: fraud of execution) in arbitration. With arbitration's growth in Brazil, situations in which one of the parties dissipates its assets in order to frustrate the enforcement of the arbitral award are increasingly frequent. In these situations, the question analysed in this paper arises: may the creditor apply the "fraude de execução" rule in order to proceed with the execution of assets transferred to third parties during the arbitration?
Revista Brasileira de Arbitragem