Adhesion Contracts

Adhesion Contracts, Brazil, Brazilian Superior Court of Justice, Competence-Competence, Enforcement of arbitration agreement, Pathological arbitration agreement

(Centro Brasileiro de Mediação e Arbitragem)/ /Leave a comment

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…

Adhesion Contracts, Arbitrability, Arbitration Agreements, Argentina, Public Policy

(Curtis, Mallet-Prevost, Colt & Mosle ) and (Marval, O’Farrell & Mairal)/ /Leave a comment

Introduction Since the enactment of the Argentine Civil and Commercial Code (the “CCCN”),1)The CCCN, Law No. 26.994, is in force since August 1, 2015. Argentina counts on a national statute to regulate the “arbitration agreement”. This legislative milestone has been mostly welcomed by the arbitral community, although some of its provisions have been subject to…

Adhesion Contracts, Arbitration Agreement, Brazil, Brazilian Arbitration Act, Franchising Contracts, kompetenz-kompetenz

(Aprigliano Advogados)/ /Leave a comment

I. Introduction Despite the fact that commercial arbitration has experienced a huge development in Brazil in the last years and a general favorable approach by Brazilian courts, there are fields in which arbitration is still incipient, with complex discussions about its enforceability and to what extent consumer, labor or adhesion contracts can be discussed via…