The Concession of Anti-Suit Injunctions in Favor of Arbitration in the Brazilian Law System: A Correlation Analysis Between the Judicial Decisions of the Court of Justice of the European Union and the Superior Court of Justice

Abstract

The study of anti-suit injunctions remains highly relevant, particularly when viewed from the perspective of international arbitration. This research aims to draw a comparative analysis between the judicial decisions of the Court of Justice of the European Union and the Superior Court of Justice of Brazil, examining the criteria for granting or denying anti-suit injunctions in favor of or against arbitration. Employing the hypothetico-deductive method, the study reviews legal literature and analyzes national and international legislation and judicial decisions. The findings show that European jurisprudence questions the use of this mechanism, while Brazilian courts tend to be more favorable to arbitration.