Kluwer: Brazilian Superior Court of Justice Rules on the Non-application of the Code of Civil Procedure to Arbitration

Published on October 30, 2024

By Karina Goldberg (Ferro Castro Neves Daltro & Gomide Sociedade de Advogados) and João Gabriel Campos (FCDG - Ferro, Castro Neves, Daltro & Gomide Advogados)

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 (“BAA”) does not provide for the application of such procedural rules to arbitral proceedings, not even on a supplementary basis. The question of whether the...

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