Published on 20 Dec 2012 • Brazil |
"1. Recognition and enforcement of the award may be refused, at the request of the party against whom it is invoked, only if that party furnishes to the competent authority where the recognition and enforcement is sought, proof that:
(…)
(e) The award has not yet become binding on the parties, or has been set aside or suspended by a competent authority of the country in which, or under the law of which, that award was made."
"The request for recognition or enforcement of an arbitral award may be denied only if the defendant furnishes proof that:
(…)
VI – the arbitral award has not yet become binding on the parties or has been set aside or suspended by a Court of the country in which the arbitral award has been rendered."
"The arbitral decisions and awards which are referred in the previous article will have extraterritorial effectiveness inside the State members if the following conditions are fulfilled:
(…)
e. the decision has claim preclusion and/or enforceability in the country where it was pronounced;"
"1. The recognition and execution of the decision may be refused, at the request of the party against which it is made, only if such party is able to prove to the competent authority of the State in which recognition and execution are requested:
(…)
e. That the decision is not yet binding on the parties or has been annulled or suspended by a competent authority of the State in which, or according to the law of which, the decision has been made."