Recognition and Enforcement of Foreign Arbitral Awards in the Federative Republic of Brazil

Ekaterina Rusakova1*, Evgenia Frolova2, Ekaterina Kupchina3, Ulvi Ocaqli4

1PhD in Law, Associate professor, RUDN University, RUSSIA, rusakova-ep@rudn.ru

2Professor in Law, RUDN University, RUSSIA, frolova-ee@rudn.ru

3Associate professor, RUDN University, RUSSIA, belousova-ev@rudn.ru

4Master student n Law, RUDN University, RUSSIA uocaqli@gmail.com

*Corresponding Author


Awarding procedure is not only limited to the final decision of the court of the stipulated country, likewise the Federative Republic of Brazil but also its significant procedural aspect for enforcing the arbitral decision. Practically, parties should enforce foreign arbitration awards without exception until it crosses the country's internal and external policy.

The economic growth of a country demonstrates remarkable changing in legal behavior on enumerated country's private parties' activities as well. Trade relations among Brazilian companies have made a long way for dispute resolution.  Addressing to sophisticated social approach to the legal nature of a stipulated country, it is not a surprising factor in applying the private international law demands in practice. The official government seeks a modern transparent approach to finalize and enforce foreign arbitral awards without reducing the freedom of activities of companies in the inner border and cross border transactions.

All perspectives of legal nature and enforcement procedure on foreign arbitration awards in Brazil are not very harsh at first glance since as all parties are adequately applied to New York Convention 1958 on Enforcement of Foreign Arbitration Awards, however as all stereotypes on all jurisprudences, there are several weak points while applying a procedural background. 

This article analyzes and compares legal possibilities and challenges on the application of foreign arbitral awards in the Republic of Brazil. The findings figure out the stick points of procedural matters of enforcement of foreign arbitral awards and their complexity from the theoretical approach.

The goal is achieved by solving several problems:

-           To research the procedure of enforcement of foreign arbitral awards in the Federative Republic of Brazil;

-           To identify the problems of procedural matters while enforcing the foreign arbitral awards;

-           To highlight the possible solutions and pathways for making easier the enforcement procedure of foreign arbitral awards in Brazil.

Keywords: International Private Law, BRICS countries, arbitration, enforcement, recognition, legislation, Brazil.


DOI: https://doi.org/10.18769/ijasos.616016

IJASOS International e-Journal of Advances in Social Sciences, Peer-reviewed international Academic Journal, ISSN: 2411-183X

Vol. VI, ISSUE:16; April 2020

Publication date: 30.04.2020