Post by account_disabled on Mar 13, 2024 21:33:11 GMT -6
The Special Court of the Superior Court of Justice approved, this Tuesday (18), a foreign arbitration ruling that ordered the clothing company Ganaderia Brasil to pay US$1.38 million to the American Levi's. The Brazilian company manufactured and sold the brand's clothing.
By majority, the ministers followed the vote of the B2B Lead rapporteur, minister Nancy Andrighi. When presenting a seen vote in this Tuesday's session, minister Herman Benjamin did not accept the approval and was defeated.
The minister voted in April and defended the thesis that the Judiciary cannot re-discuss aspects of the arbitration decision. According to her, the sentence met all formal requirements for approval. Granadeiro's complaints about the participation of third parties outside the arbitration relationship, the soundness of the evidence and questions about the arbitrator would involve reexamination of the arbitration award, which is not the responsibility of the Judiciary.
"Potential questions regarding the withdrawal, validity and effectiveness of a mandatory clause must be assessed by the arbitrators themselves", said the minister.
Levi's even requested urgent relief before the trial, alleging that Ganaderia was failing to comply with the arbitration award — the decision prohibited it from reselling products from the American brand. The request was denied by the rapporteur in 2017.
The case was filed at the San Francisco Arbitration Court, in California, in the United States, for non-compliance with the trademark license agreement. The arbitration court declared the contract terminated and ordered the Brazilian company to pay royalties, damages, legal fees and procedural expenses in the amount of approximately US$1.386 million and prohibited it from selling Levi's brand products.
