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Abstract:
The Brazilian arbitration law of 1996 has greatly facilitated the recognition and enforcement of foreign arbitral awards. Its rules are remarkably more efficient than the previous ones and those still governing the recognition and enforcement of foreign state court decisions. Out of the eighteen requests for recognition of foreign arbitral awards that were made since the constitutional reallocation of the recognition procedure in December 2004 with the Superior Federal Court, only four were rejected. The Superior Federal Court has shown an encouraging level of deference to arbitral awards by limiting its scrutiny to merely formal aspects. A request for recognition must be accompanied by the award and the written arbitration agreement; the latter is dispensable if the adversary participated in arbitration proceedings without raising an objection to the tribunal's jurisdiction. If the adversary refused to participate in proceedings, the award is not recognized if the adversary had not been correctly summoned to participate. The proceedings for obtaining recognition are free of charge; the prevailing party can recover its legal fees from the unsuccessful party insofar as they are considered reasonable by the Court. The duration of these proceedings varies between 1 and 3 years, depending on the circumstances of the case. Interim measures of protection during this period are granted only in very exceptional cases. All in all, the Court's handling of requests for recognition can be summarized as quite efficient, and even more so if compared to the some of the disappointing tendencies in other Latin-American countries.
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