Kluwer: A Threat to The Kompetenz-Kompetenz Principle? The Intervention of The São Paulo Appellate Court in The Formation of The Arbitral Tribunal in Vale v. Shareholders

Published on March 20, 2026

In the appeal no. 1129029-43.2024.8.26.0100, judged on November 18, 2025, the São Paulo Appellate Court (TJSP), the largest in Latin America, rendered a decision that disrespects the independence of the arbitral jurisdictional system by annulling a decision of the President of CAM B3 (CAM B3 Decision) before the arbitral tribunal had the opportunity to assess the issue.