International Public Policy and Recognition and Enforcement of Foreign Arbitral Awards in Brazil. / Valladares Paheco de Oliveira, Leonardo; Miranda, Isabel.

In: Journal of International Arbitration, Vol. 30, No. 1, 2013, p. 49-70.

Research output: Contribution to journalArticle

Published

Standard

International Public Policy and Recognition and Enforcement of Foreign Arbitral Awards in Brazil. / Valladares Paheco de Oliveira, Leonardo; Miranda, Isabel.

In: Journal of International Arbitration, Vol. 30, No. 1, 2013, p. 49-70.

Research output: Contribution to journalArticle

Harvard

Valladares Paheco de Oliveira, L & Miranda, I 2013, 'International Public Policy and Recognition and Enforcement of Foreign Arbitral Awards in Brazil', Journal of International Arbitration, vol. 30, no. 1, pp. 49-70.

APA

Vancouver

Author

Valladares Paheco de Oliveira, Leonardo ; Miranda, Isabel. / International Public Policy and Recognition and Enforcement of Foreign Arbitral Awards in Brazil. In: Journal of International Arbitration. 2013 ; Vol. 30, No. 1. pp. 49-70.

BibTeX

@article{42bc21d7281d4def82c826a5f76d6a03,
title = "International Public Policy and Recognition and Enforcement of Foreign Arbitral Awards in Brazil",
abstract = "This article considers if and how Brazilian courts have applied the international public policy exception when deciding whether to recognize and enforce foreign arbitral awards. In Brazil, like other jurisdictions, according to Article V(2)(b) of the NewYork Convention on Recognition and Enforcement of Foreign Arbitral Awards (the {\textquoteleft}New York Convention{\textquoteright}), when a court is facedwith a challenge, it has to determine if the public policy exception refers to its national public policy or international public policy. In the past ten years, arbitration in Brazil has gained prominence and the number of challenges to awards, both national and international, has generated several decisions on how Brazilian courts interpret the public policy exemption. This article presents the Brazilian and the international view of what the international public policy is, as well as how the Brazilian and the international view is expressed in their jurisprudence on the topic in order to demonstrate and compare the direction being taken on the public policy exception by Brazilian courts.",
author = "{Valladares Paheco de Oliveira}, Leonardo and Isabel Miranda",
year = "2013",
language = "English",
volume = "30",
pages = "49--70",
journal = "Journal of International Arbitration",
number = "1",

}

RIS

TY - JOUR

T1 - International Public Policy and Recognition and Enforcement of Foreign Arbitral Awards in Brazil

AU - Valladares Paheco de Oliveira, Leonardo

AU - Miranda, Isabel

PY - 2013

Y1 - 2013

N2 - This article considers if and how Brazilian courts have applied the international public policy exception when deciding whether to recognize and enforce foreign arbitral awards. In Brazil, like other jurisdictions, according to Article V(2)(b) of the NewYork Convention on Recognition and Enforcement of Foreign Arbitral Awards (the ‘New York Convention’), when a court is facedwith a challenge, it has to determine if the public policy exception refers to its national public policy or international public policy. In the past ten years, arbitration in Brazil has gained prominence and the number of challenges to awards, both national and international, has generated several decisions on how Brazilian courts interpret the public policy exemption. This article presents the Brazilian and the international view of what the international public policy is, as well as how the Brazilian and the international view is expressed in their jurisprudence on the topic in order to demonstrate and compare the direction being taken on the public policy exception by Brazilian courts.

AB - This article considers if and how Brazilian courts have applied the international public policy exception when deciding whether to recognize and enforce foreign arbitral awards. In Brazil, like other jurisdictions, according to Article V(2)(b) of the NewYork Convention on Recognition and Enforcement of Foreign Arbitral Awards (the ‘New York Convention’), when a court is facedwith a challenge, it has to determine if the public policy exception refers to its national public policy or international public policy. In the past ten years, arbitration in Brazil has gained prominence and the number of challenges to awards, both national and international, has generated several decisions on how Brazilian courts interpret the public policy exemption. This article presents the Brazilian and the international view of what the international public policy is, as well as how the Brazilian and the international view is expressed in their jurisprudence on the topic in order to demonstrate and compare the direction being taken on the public policy exception by Brazilian courts.

M3 - Article

VL - 30

SP - 49

EP - 70

JO - Journal of International Arbitration

JF - Journal of International Arbitration

IS - 1

ER -