Jurisdiction(s):
United Kingdom

Brazil: São Paulo Court of Appeal confirms foreign award annulment lies exclusively with courts of the seat; Brazilian courts’ role limited to STJ recognition; forum clauses cannot confer annulment jurisdiction

Published on: 05 August 2025

Published by a LexisNexis Arbitration expert

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Article summary

J.B. de M & others v C.C.B.C & others, Appeal No 1110671-64.2023.8.26.0100, Court of Appeals of the State of São Paulo (TJSP)

What are the practical implications of this case?

Viewed pragmatically, the judgment carries at least three notable consequences.

It confirms and strengthens the reading, already reflected in precedent and academic commentary, that under Brazilian law applications to annul foreign arbitral awards must be brought before the courts at the seat.
It further indicates that, where the parties opt for a foreign seat of arbitration, they cannot vest Brazilian courts with competence to hear annulment claims by relying on forum selection clauses.

This latter point is significant because, although such a clause would, in principle, be admissible under Article 22, item III, of the Brazilian Code of Civil Procedure, the TJSP’s approach narrows party autonomy over jurisdiction for actions seeking to annul foreign arbitral awards. Practitioners advising under Brazilian law should, therefore, be alert to this interpretation...

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