Judgment settlement: amount recognized by the debtor can be demanded immediately
The 4th Panel of the Superior Court of Justice (STJ) ruled that the amount expressly recognized by the debtor during the liquidation of a judgment is considered a net part of the debt (i.e. it is determined precisely, without the need for additional calculations or adjustments) and can be collected even if the remaining balance […]
STJ holds that breach of the arbitrator’s duty to disclose only annuls arbitral award if impartiality is prejudiced
Recently, the 3rd Panel of the STJ decided, by 3 votes to 2, that a breach of the arbitrator’s duty to disclose only annuls an arbitration award if this breach affects the arbitrator’s impartiality. In the case on trial, a medical services company and a doctor, convicted in arbitration proceedings, filed an action to annul […]
Fernanda Schirichian
STJ decides that Brazilian courts have jurisdiction to hear motions to stay enforcement of foreign titles
The 4th Panel of the Superior Court of Justice (STJ), in a unanimous vote, upheld the special appeal filed by a debtor of a foreign extrajudicial enforcement order and determined that the Brazilian courts have jurisdiction to rule on the execution motions filed by the debtor. In the case in question, a foreign enforcement action […]
Updating of judicial reorganization credits may have criteria that differ from the law
In a judgment on a Special Appeal[1] by a company undergoing judicial reorganization, the 3rd Panel of the Superior Court of Justice (STJ) ruled that the general meeting of creditors is free to establish a criterion for updating claims other than that provided for in article 9, II, of Law 11.101/2005, provided that it does […]
