Brazilian court's controversial injunction interfering in arbitration is suspended by the Court of Appeals | Practical Law

Brazilian court's controversial injunction interfering in arbitration is suspended by the Court of Appeals | Practical Law

Eduardo Gonçalves (Partner) and Flavia Mange (Associate), Barretto Ferreira, Kujawski, Brancher and Gonçalves (BKBG)

Brazilian court's controversial injunction interfering in arbitration is suspended by the Court of Appeals

Practical Law UK Legal Update Case Report 2-502-9709 (Approx. 4 pages)

Brazilian court's controversial injunction interfering in arbitration is suspended by the Court of Appeals

by Practical Law
Law stated as at 04 Aug 2010Brazil
Eduardo Gonçalves (Partner) and Flavia Mange (Associate), Barretto Ferreira, Kujawski, Brancher and Gonçalves (BKBG)
On 9 June 2010, a first instance São Paulo State court intervened in an ongoing arbitration proceeding. By means of a writ of mandamus (Mandado de Segurança), the court reviewed the arbitral tribunal's decision rejecting a party's request for production of additional engineering evidence. The state court issued an order to assure the production of engineering expert opinion before the arbitral tribunal. In a preliminary judgment by the São Paulo State Court of Appeals, the effect of this order was suspended on 22 June 2010.