Enforce Your Foreign Award in Brazil
The STJ can recognize it. Here is how.
Por Lucas Ribeiro Cavalcante — OAB/CE 44.673
Enforce Your Foreign Award in Brazil
The STJ can recognize it. Here is how.
Por Lucas Ribeiro Cavalcante — OAB/CE 44.673
You signed a deal with a Brazilian partner. Buried in the final clause: one word, 'arbitragem.' If things go wrong, can you actually enforce a win here? The answer surprises most people.
✘ Mito
Court litigation: 8 to 15 years through every appeal
✓ Verdade
Arbitration: resolved in 12 to 24 months, confidential
Brazil is top-5 globally for ICC arbitration and the most arbitration-friendly country in Latin America. But your foreign award still needs one crucial step before it works.
1958
The New York Convention, ratified by Brazil via Decreto 4.311/2002, protects your foreign award
A foreign award becomes enforceable only after homologation by the STJ, the Superior Court of Justice. Skip this and your victory is worthless paper. But there is a simpler path for domestic awards.
“
Under Article 31, a domestic arbitral award has the same force as a court judgment. No confirmation needed.
Dica
Brazil uses Civil Law, no binding precedents like the US or UK. So the wording of your written clause carries enormous weight. A vague arbitration clause is a liability, not protection.
Name the seat and rules
Choose language and arbitrators
Confirm disputes are patrimonial
A well-drafted clause is your single strongest protection. Get yours reviewed before you sign.