Analysing the capacity of the parties in the recognition of foreign arbitral awards by Brazilian Superior Court of Justice

interpreting article V 1 (a) of New York Convention

Abstract

This paper aims to analyse if New York Convention ratification’s in Brazil has somehow altered the connection rules applicable to the verification of capacity of the parties in the recognition of foreign arbitral awards. At first, some practical questions are addressed regarding a theoretical confrontation of the subject by the Brazilian Superior Court of Justice. Subsequently, it is argued that the application of New York Convention with Brazilian pertinent rules did not alter that capacity of the parties is to be assessed under ius domicilii rule.