Homologation of Foreign Arbitration Decisions

To homologate a foreign arbitration decision means to validate a sentence of arbitration issued outside Brazil, so it is legal in this country. This procedure is essential for the execution of international arbitration sentences, allowing decisions taken in foreign arbitration courts to be recognized and applied in Brazil. The process includes review of the documents and compliance with Brazilian legal requirements to make sure that the decisions have full legal effectiveness in this country.

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Homologation is essential if you have obtained an arbitration sentence in a foreign country and would like this decision to be legally valid in Brazil.

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"To begin such a case of homologation, the requirements may vary with the specific situation. In general, you need:

Original arbitrated sentence: You must provide the arbitration decision issued by the foreign court, translated and apostilled.
Certificate of arbitration: You must supply documents that prove the sentence conforms with the rules of arbitration and the case is legal.
Proofs of legality: You must submit documents that prove the arbitration is legal in the country of original and there have been no appeals. [OR: there cannot be any appeals?]
Additional documents: You must include any other documents that may be required, such as arbitration contracts and proofs that the decision is final. [SEE LAST POINT]
Costs and fees: You must pay the Brazilian fees related to the process of homologation."

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It generally takes from 6 to 9 months.

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When you homologate foreign arbitration decisions, you ensure their validity and compliance in Brazil. In this way, you promote the effectiveness of the arbitration resolutions, provide trustworthy and quick solutions for disputes, and protect the interests of the parties involved.

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Lawyers specializing in international law. Under our supervision at Amorim, these specialists ensure that arbitration sentences are correctly validated in Brazil, facilitating compliance here.

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