Rio de Janeiro court on arbitral tribunal's jurisdiction to rule on effectiveness of arbitration agreement | Practical Law

Rio de Janeiro court on arbitral tribunal's jurisdiction to rule on effectiveness of arbitration agreement | Practical Law

In Amebrasil Construções Ltda. v Gamex Serviços Ltda., Civil Appeal n. 0031996-20.2010.8.19.0209, the Court of Appeals of Rio de Janeiro (TJRJ) considered the arbitral tribunal’s authority to rule on its own competence, according to the kompetenz-kompetenz principle. The court also considered whether the tribunal or the court should analyse if the costs of the arbitration would constitute an undue burden or hardship on the plaintiff.

Rio de Janeiro court on arbitral tribunal's jurisdiction to rule on effectiveness of arbitration agreement

Practical Law UK Legal Update Case Report 6-577-9807 (Approx. 4 pages)

Rio de Janeiro court on arbitral tribunal's jurisdiction to rule on effectiveness of arbitration agreement

by Eduardo Damião Gonçalves (Partner), Flávio Spaccaquerche Barbosa (Associate), Bruno Barreto de Azevedo Teixeira (Associate), Mattos Filho Advogados
Published on 12 Aug 2014 • Brazil
In Amebrasil Construções Ltda. v Gamex Serviços Ltda., Civil Appeal n. 0031996-20.2010.8.19.0209, the Court of Appeals of Rio de Janeiro (TJRJ) considered the arbitral tribunal’s authority to rule on its own competence, according to the kompetenz-kompetenz principle. The court also considered whether the tribunal or the court should analyse if the costs of the arbitration would constitute an undue burden or hardship on the plaintiff.