Post by xyz3700 on Feb 27, 2024 8:10:11 GMT 1
There may be attachment on the face of the arbitration proceeding records to guarantee judicial execution of another proceeding. Therefore, the judge can order the arbitrator to indicate in his decision, if it is favorable to the person executing the legal action, that there is a constriction order. STJ Attachment in the face of arbitration can be filed before the end of the procedure, but can only be exercised at the stage of compliance with the sentence, says Nancy STJ According to a decision by the 3rd Panel of the Superior Court of Justice, although the attachment on the face is the blocking of assets in one process to guarantee another, in practice it works "like an endorsement". Therefore, the right is granted, but can be exercised at a later time. And in the case of arbitration, it can only be exercised at the stage of compliance with the sentence.
As arbitrations are confidential, the lien creditor does not have the right to have access to what is discussed and presented in them. Therefore, he is subject to "the luck and misfortune" of the procedure in which the assets will be registered. “Such a proposition, it is worth highlighting, is justified by the ideal of harmonious coexistence between the two jurisdictions, supported by the need for collaborative action between the courts and aimed at Chinese Malaysia Phone Number List effective social pacification, with the satisfaction of the material right that is the subject of the dispute”, said the rapporteur of the special resource, minister Nancy Andrighi. Provided for in article 860 of the 2015 Code of Civil Procedure (and, before, by article 674 of the 1973 CPC), the attachment on the face of the case is the attachment of assets that may be attributed to the defendant in another process in which he is the author. or in which you expect to receive something of economic value.
In an interlocutory decision, the judge decreed the attachment of rights, assets and values — current and future —, due to an arbitration procedure underway at the Arbitration and Mediation Center of the Brazil-Canada Chamber of Commerce. The decision was upheld by the São Paulo Court of Justice. In her appeal to the STJ, the debtor claimed that the attachment on the face of the file would only be applicable when the right was being claimed in court, and not in arbitration. According to the appellant, in addition to the arbitration procedure being confidential, the attachment of rights arising from the arbitration would not be expressly provided for in the CPC of 73. “Contrary to what the appellant maintains, it is not a condition for the attachment of the case that the measure can only be requested when the sentence enforcement phase has already been initiated, which is why the fact that the arbitration procedure is 'ongoing' ', in itself, does not harm the defendant's claim”, he stated.
As arbitrations are confidential, the lien creditor does not have the right to have access to what is discussed and presented in them. Therefore, he is subject to "the luck and misfortune" of the procedure in which the assets will be registered. “Such a proposition, it is worth highlighting, is justified by the ideal of harmonious coexistence between the two jurisdictions, supported by the need for collaborative action between the courts and aimed at Chinese Malaysia Phone Number List effective social pacification, with the satisfaction of the material right that is the subject of the dispute”, said the rapporteur of the special resource, minister Nancy Andrighi. Provided for in article 860 of the 2015 Code of Civil Procedure (and, before, by article 674 of the 1973 CPC), the attachment on the face of the case is the attachment of assets that may be attributed to the defendant in another process in which he is the author. or in which you expect to receive something of economic value.
In an interlocutory decision, the judge decreed the attachment of rights, assets and values — current and future —, due to an arbitration procedure underway at the Arbitration and Mediation Center of the Brazil-Canada Chamber of Commerce. The decision was upheld by the São Paulo Court of Justice. In her appeal to the STJ, the debtor claimed that the attachment on the face of the file would only be applicable when the right was being claimed in court, and not in arbitration. According to the appellant, in addition to the arbitration procedure being confidential, the attachment of rights arising from the arbitration would not be expressly provided for in the CPC of 73. “Contrary to what the appellant maintains, it is not a condition for the attachment of the case that the measure can only be requested when the sentence enforcement phase has already been initiated, which is why the fact that the arbitration procedure is 'ongoing' ', in itself, does not harm the defendant's claim”, he stated.