In Brazilian domestic arbitrations, it is not uncommon for parties to make arguments or requests based on the Brazilian Code of Civil Procedure (“BCCP”), even though the Brazilian Arbitration Act (…
On 18 June 2024, the Brazilian Superior Court of Justice issued an important decision, which it clearly established the distinction between the breach of the duty of disclosure and the loss of…
On 16 June 2023, the Brazilian Superior Court of Justice (“STJ”) resolved the Appeal in Special Appeal n. 1,905,505/SP (“Appeal”), reported by Justice Francisco Falcão. The decision was appealed, so…
On 25 October 2022, the Brazilian Superior Court of Justice ("SCJ") upheld a decision that suspended the filing of a proof of claim in bankruptcy proceedings and, consequently, prevented the…
On May 9, 2023, the 4th Panel of Brazilian Superior Court of Justice (“SCJ”) judged the Special Appeal n. 1.988.894-SP (“Appeal”), reported by Minister Maria Isabel Gallotti. The Appeal was proposed…
On June 10, 2022, the Superior Court of Justice in Brazil ("STJ") ruled on the conflict of competence No. 185.702/DF (“CC 185.702/DF”) under the premise that arbitration has a jurisdictional nature…
This article addresses the Brazilian Superior Court of Justice (STJ) 's precedents on the exceptions to the Competence-Competence principle due to pathological arbitration agreements present in…
On November 3, 2021, a decision rendered by the Third Panel of the Brazilian Superior Court of Justice in the Special Appeal No. 1.953.212-RJ (OSX Construção Naval v. AGF Engenharia) was published…
