The public policy exception and the refusal of recognition and enforcement of foreign arbitral awards in Brazil

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Breve resumo:
International arbitration has become the main mechanism of settlement of international disputes in the commercial and investment arena. Usually, the parties are free to determine the rules that will prevail in their dispute. However, it cannot violate the public policy of the country where the recognition of the arbitral award will be sought, according to the New York Convention. This article attempts to examine the requests of recognition and enforcement of foreign arbitral awards before the Brazilian Courts that were refused due to a violation of public policy. The objective of this study is to determine the pattern and position of the Brazilian judiciary regarding allegations of violation of public policy in requests of recognition and enforcement of foreign arbitral awards.​



Info Adicional:
International arbitration has become the main mechanism of settlement of international disputes in the commercial and investment arena. Usually, the parties are free to determine the rules that will prevail in their dispute. However, it cannot violate the public policy of the country where the recognition of the arbitral award will be sought, according to the New York Convention. This article attempts to examine the requests of recognition and enforcement of foreign arbitral awards before the Brazilian Courts that were refused due to a violation of public policy. The objective of this study is to determine the pattern and position of the Brazilian judiciary regarding allegations of violation of public policy in requests of recognition and enforcement of foreign arbitral awards.



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