Countries › Brazil › Guide › 14. Disputes › Enforcing arbitral awards in Brazil: domestic awards, foreign awards and the New York Convention

Enforcing arbitral awards in Brazil: domestic awards, foreign awards and the New York Convention

Last verified: 2026-10-27 · Status: Stable

An award from an arbitration seated in Brazil is a judicial enforcement title: the creditor goes straight to the court enforcement phase, the debtor is summoned to pay in 15 days and can resist only on limited grounds, including the annulment grounds within the statutory window. An award made outside Brazil is foreign and must first be homologated by the Superior Court of Justice (STJ), which checks only the New York Convention grounds and Brazilian public policy, never the merits. After homologation the award is enforced in the federal first instance court like a domestic judgment; a refusal for formal defects can be cured and refiled.

USD figures use the Banco Central do Brasil PTAX selling rate of R$5.3346 per US dollar for 27 October 2026. The real moved sharply in late October (R$5.0377 on 23 October and R$5.5007 on 26 October), so conversions are for orientation only.

Key facts

New York Convention in force in Brazil (promulgating decree date)	2002-07-23 dateDecreto nº 4.311/2002, as of 2002-07-23 · in force
Court that homologates foreign arbitral awards	Superior Tribunal de Justiça (STJ) Lei nº 9.307/1996 art. 35; CF art. 105 I i, as of 2015-05-26 · in force
Foreign award needs homologation before enforcement	Yes Lei nº 9.307/1996 art. 35, as of 2015-05-26 · in force
Days for the debtor to pay a domestic award once summoned before fine and fees apply	15 daysCPC arts. 515 § 1 and 523, as of 2015-03-16 · in force
Deadline for the debtor's objection to enforcement after the payment period	15 daysCPC art. 525, as of 2015-03-16 · in force
STJ reviews the merits of foreign decisions	No CPC art. 36 § 2, as of 2015-03-16 · in force

The rule

1. The arbitral award is a judicial enforcement title. For an award (as for a homologated foreign judgment), the debtor is summoned in the civil court to comply or to liquidate within 15 days. If it does not pay voluntarily, a 10 percent fine and 10 percent attorney fees are added and the debtor has 15 more days to file an objection (impugnação), which does not by itself stop enforcement; suspensive effect requires a guarantee by attachment, bond or deposit and relevant grounds.
Example: Award of R$5,000,000 not paid in 15 days: R$500,000 fine and R$500,000 fees are added, for R$6,000,000. / About US$937,277 rising to about US$1,124,733.Lei nº 13.105 of 16 March 2015 (Civil Procedure Code, CPC), Arts. 515 items VII and VIII and § 1, 523 § 1, 525 caput and §§ 1 and 6, 2015-03-16 official text · verified 2026-10-27

2. In the objection to enforcement, the debtor may also seek annulment of a domestic award on the grounds of art. 32 of the Arbitration Law; otherwise the separate annulment action must be filed within 90 days of notice of the award or of the decision on clarification.Lei nº 9.307 of 23 September 1996 (Arbitration Law), as amended by Lei nº 13.105 of 16 March 2015 and Lei nº 13.129 of 26 May 2015, Art. 33 §§ 1 and 3, 2015-05-26 official text · verified 2026-10-27

3. An award made outside Brazilian territory is foreign. It is recognized or enforced under the treaties in force in Brazil and, only failing them, strictly under the Arbitration Law, and it is subject solely to homologation by the STJ. The New York Convention of 1958 has been in force in Brazil since its promulgation by Decreto nº 4.311 of 23 July 2002, and the CPC applies only in a subsidiary way to foreign arbitral awards.Lei nº 9.307 of 23 September 1996, as amended by Lei nº 13.129 of 26 May 2015; Decreto nº 4.311 of 23 July 2002; Lei nº 13.105 of 16 March 2015 (CPC), Lei nº 9.307 arts. 34 and 35; Decreto nº 4.311 art. 1; CPC art. 960 § 3; CF art. 105 item I letter i, 2015-05-26 official text · verified 2026-10-27 · changed: Lei nº 13.129 of 26 May 2015 replaced the Supreme Federal Court with the STJ in art. 35, in line with Constitutional Amendment nº 45 of 2004.

4. The petition must be filed with the original award or a duly certified copy, and the original arbitration agreement or a certified copy, each with an official translation. The Arbitration Law still refers to authentication by the Brazilian consulate, but under the Apostille Convention, in force for Brazil since 14 August 2016, an apostille replaces consular legalization for public documents from other contracting states.
Cost to do it: Sworn translation by a translator registered with a junta comercial, apostille fees in the country of origin, STJ court costs and Brazilian counsel (who must file electronically).Lei nº 9.307 of 23 September 1996; Decreto nº 8.660 of 29 January 2016 (Apostille Convention), Lei nº 9.307 art. 37 items I and II; Apostille Convention arts. 2 and 3, 2016-01-29 official text · verified 2026-10-27

5. Homologation can be refused only if the defendant proves that the parties lacked capacity, the agreement was invalid under the chosen law or the law of the seat, it was not notified of the appointment or the proceedings or could not present its case, the award went beyond the agreement and the excess cannot be separated, the tribunal or procedure did not follow the agreement, or the award is not yet binding or was set aside or suspended at the seat. The STJ also refuses if the subject cannot be arbitrated under Brazilian law or the decision offends national public policy; service on a party in Brazil under the agreement or the law of the seat, including by mail with unequivocal proof of receipt and adequate time to defend, is not a public policy breach. A refusal for formal defects does not stop a new request once the defects are cured.Lei nº 9.307 of 23 September 1996, as amended by Lei nº 13.129 of 26 May 2015; Decreto nº 4.311 of 23 July 2002 (New York Convention art. V), Lei nº 9.307 arts. 38 items I to VI, 39 items I and II and sole paragraph, 40, 2015-05-26 official text · verified 2026-10-27

6. During homologation the STJ may grant urgent relief and allow provisional enforcement acts, and it may homologate a decision in part. After homologation, enforcement takes place in the competent federal first instance court at the creditor's request under the rules for domestic judgments, with a certified copy of the homologation decision.
Cost to do it: Federal court enforcement fee: from 1 January 2027, 1 percent of the claim value for the start of judgment enforcement, within R$193.20 and R$107,332.80 (Lei nº 15.498 Annex I letter i).
Example: Enforcing a homologated R$5,000,000 award in federal court in 2027: 1 percent is R$50,000. / About US$9,373 on about US$937,277.Lei nº 13.105 of 16 March 2015 (CPC); Constituição Federal of 5 October 1988, CPC arts. 961 §§ 2 and 3, 965 caput and sole paragraph; CF art. 109 item X, 2015-03-16 official text · verified 2026-10-27

Point	Award seated in Brazil	Foreign award
Prior recognition	None (Lei nº 9.307 art. 31)	STJ homologation (art. 35)
Where enforced	Competent first instance court	Federal first instance court (CPC art. 965; CF art. 109 X)
Grounds to resist	Art. 32 annulment grounds, in action within 90 days or in the objection (art. 33)	Arts. 38 and 39 (New York Convention art. V and public policy)
Documents	Award	Award and arbitration agreement, certified, with official translation (art. 37); apostille instead of consular legalization
After non payment in 15 days	10 percent fine plus 10 percent fees (CPC art. 523 § 1)	Same, once in federal enforcement

Domestic and foreign awards compared.

Worked example

A US investor holds a R$5,000,000 (about US$937,277) ICC award seated in New York against a Brazilian partner. It obtains an apostille on a certified copy of the award and the clause, has them translated by a sworn translator, and files for homologation at the STJ (Lei nº 9.307 art. 37; Decreto nº 8.660). The partner argues it was served by courier; the STJ treats mail service with proof of receipt and adequate time as compatible with public policy (art. 39 sole paragraph).
After homologation the investor asks the federal court to enforce. If the partner does not pay within 15 days, R$500,000 fine and R$500,000 fees are added (CPC art. 523 § 1); in 2027 the federal enforcement fee would be 1 percent, R$50,000 (about US$9,373).

Step by step

1. Obtain the original award and arbitration agreement or certified copies, with apostilles where the issuing country is a party to the Apostille Convention.
2. Commission official translations into Portuguese by a sworn translator registered with a junta comercial.
3. Retain Brazilian counsel to file the homologation request electronically at the STJ and pay the STJ costs.
4. Ask the STJ for urgent measures or provisional enforcement if assets are at risk (CPC art. 961 § 3).
5. Once homologated, file for enforcement in the federal court with a certified copy of the homologation (CPC art. 965).
6. For a domestic award, go directly to the enforcement phase in the competent court (CPC art. 515 VII) and watch the 90 day annulment window the debtor has (Lei nº 9.307 art. 33).

Common traps

Trying to enforce a foreign award directly against Brazilian assets without STJ homologation (Lei nº 9.307 art. 35).
Filing without certified copies and official translations of both the award and the arbitration agreement (art. 37).
Assuming the STJ will reopen the merits: it checks only the listed grounds (arts. 38 and 39; CPC art. 36 § 2).
Seeking enforcement of a homologated award in state court: it belongs to the federal court (CPC art. 965; CF art. 109 X).
Assuming an objection to enforcement stops the process: it needs a guarantee and relevant grounds for suspensive effect (CPC art. 525 § 6).

Sources

← Commercial arbitration in Brazil: the clause, the tribunal, interim measures, the award and annulmentForeign court judgments in Brazil: STJ homologation, letters rogatory and enforcing foreign debt instruments →