Enforcement of arbitration agreement

DIAC, Enforceability, Enforcement, Enforcement of arbitration agreement, MENA, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, United Arab Emirates

(Blanke Arbitration LLC)/ /1 Comment

Two recent judgments, one from the United States (US) District Court for the Eastern District of Louisiana (“Louisiana Court”) and another from the Singapore High Court (“Singapore Court”), have highlighted the difficulties that Decree No. 34/2021(Concerning the Dubai International Arbitration Centre) (“Decree No. 34/2021”) may cause to the enforceability of DIFC-LCIA arbitration clauses in arbitrations…

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…