TJSP unanimously recognizes nullity of arbitral sentence, for violation of constitutional principles

on May 24 this year, the Court of Justice of São Paulo upheld appeal filed against judgment. which dismissed the annulment of arbitral sentence.

The arbitral procedure was about the termination of three contracts and the payment of indemnities that would be due as a result of such termination. Arbitral partial sentence was issued, which upheld the request of the applicant and determined that the amounts were determined in the settlement phase.

At the opportunity of the arbitral sentence, however, there was disagreement among the three arbitrators who made up the arbitral tribunal, prevailing the understanding of the president, as disciplined by art. 24, §1, of the Arbitration Law, which decided to approve the calculations presented in the case file as a payment of lost profits.

Thus, the defendant filed an annulment action before the Judiciary of the State of São Paulo, which was dismissed. Appeal appeal, the Court understood that it would be the case of reforming the court judgment, since it would not be possible to apply §1 of art. 24 of the Arbitration Law, since one of the coarbiters, in fact, would not have expressed vote, but only reiterated the understanding initially set forth in the partial arbitral sentence. Thus, the hell did not vote effectively about the liquidation of the quantum due to the applicant.

refraining from voting on the merits of the case, the hell would not have fulfilled its duty to decide, violating the principles of access to justice, due process of law and free conviction, so that The arbitral sentence would be subject to annulment, and the arbitral tribunal must reopen the vote to make a new statement.