ABSTRACT: This paper briefly describes the territorial, multi-local and delocalized theories of international arbitration (according to Gaillard), addresses trends relating to these theories in the case law of some countries and, finally, aims to identify whether Brazil adopts one of the theories. To that end, this work analyses three issues in light of the Brazilian Law, which may indicate its inclination towards one or another theory: (1) whether arbitral awards annulled at the seat can be recognized, with particular focus on the EDF case (SEC 5782), decided by the Brazilian Superior Court of Justice in December 2015; (2) whether the parties can waive the right to seek the annulment of an arbitral award; and (3) whether there is lis pendens between arbitrations and court proceedings.
Revista Brasileira de Arbitragem