News

The 3rd Panel of the Superior Court of Justice reaffirmed an important point regarding judicial review of arbitral awards: the 90-day statute of limitations provided for in Article 33, §1 of the Brazilian Arbitration Act (Law No. 9,307/1996) applies both to actions seeking annulment of an arbitral award and to allegations of nullity raised during the enforcement phase of the arbitral decision.

In the case analyzed, the debtor party attempted to challenge, through an objection in the enforcement of judgment, the validity of the arbitration clause and the arbitral proceedings. The Superior Court of Justice upheld the lower courts’ decisions and recognized that the right to seek annulment had lapsed, as the challenge was filed after the statutory deadline.

The reporting Justice, Ricardo Villas Bôas Cueva, emphasized that the possibility of raising nullity arguments during the enforcement phase, as provided for in Article 33, §3 of the Arbitration Act, does not reopen deadlines nor create a new opportunity for parties that failed to file an annulment action within the legal period.

In practice, the decision makes it clear that once the 90-day period has elapsed:

• It is no longer possible to challenge the validity of the arbitral award or invoke the grounds set forth in Article 32 of the Arbitration Act;
• The debtor’s defense is limited to matters set out in Article 525, §1 of the Civil Procedure Code, such as payment, unenforceability of the title, or defects in enforcement proceedings.

The precedent strengthens arbitration as a reliable and efficient dispute resolution mechanism, reinforcing the predictability and legal certainty that underpin the Brazilian arbitration system.