The parties agreed to submit the agreement to the ‘laws of the United Kingdom’ and choose the foreign jurisdiction in case of conflict. In spite of the parties will, Brazilian Superior Court stated that the expression ‘laws of the United Kingdom’ was vague, and the Brazilian material law is applicable, since the agreement was performed in the Brazilian territory.
In addition, Superior Court applied art. 88, II of the Brazilian Civil Procedure Code, which establishes the Brazilian court´s jurisdiction to judge any agreement performed in the territory. Foreign jurisdiction was not excluded, however.
Pedro Eichin AMARAL, IDI Country Expert for Brasil.