STJ Denies Application For Recognition Of Foreign Arbitral Award Declared Null At The Seat

To be effective in Brazil, arbitral awards rendered abroad – deemed by our legal system as foreign awards – must be recognized by the Superior Court of Justice (STJ) according to the procedure set forth in Resolution No. 9/2005. On December 2, the STJ Special Court denied an application for recognition of a foreign arbitral award that had been declared null at the seat of the arbitration (SEC 5,782). The decision was unanimous and followed the vote of the case Rapporteur, Justice Jorge Mussi. This was the first time that the STJ Special Court addressed this subject. The application for recognition was made by the French company EDF International S/A and challenged by the Argentinean company Endesa Latinoamérica S/A and by the Spanish company YPF S/A.