Adhesion Contracts, Brazil, Brazilian Superior Court of Justice, Competence-Competence, Enforcement of arbitration agreement, Pathological arbitration agreement
Brazilian Superior Court of Justice (STJ) and the exceptions of the Competence-Competence Principle
This article addresses the Brazilian Superior Court of Justice (STJ) ‘s precedents on the exceptions to the Competence-Competence principle due to pathological arbitration agreements present in contracts of adhesion. In addition, it approaches the Court’s position on the enforcement of a pathological (empty) arbitration clause. The decisions below are landmark precedents and clarify crucial points…