top of page

The Arbitration Award: Its Effects, Non-appealability and Validity as Judicial Enforcement Title



This article aims to analyze the arbitral award, its effects, the issue of non-appealability and its validity as a judicial enforceable instrument. For this, the legal and jurisprudential bases will be analyzed and, mainly, the position of the Superior Court of Justice (STJ) regarding this subject.


Arbitration is a dispute resolution method widely adopted by parties involved in disputes, offering speed, confidentiality and expertise in conflict resolution. The arbitral award, issued by the arbitral tribunal, is the instrument through which the dispute is decided.


In this context, the discussion about the effects, non-appealability and validity of the arbitral award as a judicially enforceable title is relevant and current.


The Arbitration Award and its Effects: The arbitration award has a jurisdictional nature, being endowed with decision-making effectiveness for the parties involved in the dispute. Its effects are equivalent to those of a sentence handed down by the Judiciary, and must be duly complied with by the parties. In addition, doctrine and jurisprudence have recognized the broad effectiveness of the arbitral award, allowing its execution in several countries, including through international conventions.


The non-appealability of the arbitral award: The Brazilian legislation advocates the non-appealability of the arbitral award, limiting the possibilities of challenge. Only in exceptional cases, provided for in the Arbitration Law (Law No. 9,307/1996), is it permitted to file an annulment action against the arbitral award before the Judiciary. However, it is important to highlight that irrevocability does not affect the effectiveness and validity of the arbitral award as a judicially enforceable title.


The Validity of the Arbitral Award as a Judicial Enforcement Title: The arbitration award, provided that it meets the legal requirements and is in accordance with the procedure established by law, is considered a judicially enforceable title, pursuant to article 515, item VII, of the Code of Civil Procedure (CPC). In this way, the arbitral award can be enforced like any other judicial enforceable title, allowing the creditor to seek the satisfaction of its credit before the Judiciary.


The Position of the STJ: The Superior Court of Justice (STJ) plays a fundamental role in defining the understanding regarding the validity of the arbitral award as a judicial enforceable instrument. In several decisions, the STJ has reinforced the enforceable nature of the arbitral award, consolidating its position in favor of its validity as a judicial enforceable title and recognizing the effectiveness of arbitration as an alternative method of conflict resolution.


Conclusion:


In view of the above, it is concluded that the arbitral award plays an important role in the resolution of disputes, having legal effects equivalent to those of the court decision. The non-appealability of the arbitral award does not affect its validity as a judicially enforceable title, and its execution before the Judiciary is fully possible. The position of the STJ has reinforced the validity of the arbitral award as a judicial enforceable title, guaranteeing the legal certainty necessary for the use of this conflict resolution mechanism. Thus, it is essential that lawyers and legal practitioners are up to date on this topic, in order to better guide their clients and ensure the effectiveness of arbitration as an alternative method of dispute resolution.


1 view0 comments

Comments


bottom of page