ABSTRACT: The present legal opinion analyzes matters presented in the matter of the claim seeking recognition and enforcement of arbitral awards filed before the Superior Court of Justice by one of the Consultants. The following issues were analyzed: whether the non-acceptance by the arbitral tribunal of electronic correspondence exchanged between the Claimant in the recognition and enforcement claim and the lawyers that represented it would have violated the principles of due process and equality, in violation to article V (I) (b) of the New York Convention (1); whether the decision determining the indemnification of the Respondent in the ICC arbitration proceedings in which the arbitral award object of recognition and enforcement was rendered would have been rendered outside the scope of the arbitration agreement, thus in violation to the provisions of article 38, IV of the Brazilian Arbitration Law and article V(I)(d) of the New York Convention (2); whether the incorrect application of article 944 of the Brazilian Civil Code would allow the Superior Court of Justice to refuse the recognition and enforcement of the foreign arbitral awards (3); and, finally, whether there is legal basis in the rules of the New York Convention for the court to deny exequatur to the ICC arbitral awards (4).
Revista Brasileira de Arbitragem