Brazil / 16 May 2007 / Brazil, Superior Tribunal de Justiça (Superior Court of Justice) / Subway Partners C V v HTP High Techonology Foods Corporation S/A / Motion for Clarification on SEC 833
| Country | Brazil |
| Court | Brazil, Superior Tribunal de Justiça (Superior Court of Justice) |
| Date | 16 May 2007 |
| Parties | Subway Partners C V v HTP High Techonology Foods Corporation S/A |
| Case number | Motion for Clarification on SEC 833 |
| Source |
http://www.stj.jus.br (Official website of the Superior Tribunal de Justiça) |
| Languages | Portuguese |
| Summary | Subway Partners C V (Subway Partners) and HTP High Techonology Foods Corporation S/A (HTP) entered into a franchising agreement which contained an arbitration agreement providing for arbitration under the Rules of the American Arbitration Association (AAA). A dispute arose and an arbitral award was rendered, ex parte, in the United States. The award was confirmed by the District Court for the District of Connecticut. Subway Partners sought recognition and enforcement (“homologação”) before the Superior Tribunal de Justiça (Superior Court of Justice) which denied the request. Subway Partners filed a Motion for Clarification arguing that the judgment failed to take into account that it had complied with the formal requirements, since it presented a copy of the arbitration agreement along with other documents. It further argued that Article 38 of the Brazilian Arbitration Act (which mirrors Article V(1) NYC) provided the only grounds which the courts may rely upon to deny recognition and enforcement to a foreign award. The Superior Tribunal de Justiça affirmed its previous decision denying recognition and enforcement to the award. It held that it was clear that Subway Partners sought to review the merits of the decision instead of indicating obscure or contradictory points in the decision, which was not the purpose of Motions for Clarification. |
| affirms : |
Attachment (2)
 Original Language Adobe Acrobat PDF |
Unofficial Translation Adobe Acrobat PDF |
