The Superior Court of Justice (STJ) has ruled that the initiation of arbitration proceedings interrupts the statute of limitations, including in relation to events that occurred prior to the 2015 legal reform.
The Third Panel of the Superior Court of Justice (“STJ”) ruled that the initiation of arbitration proceedings is sufficient to interrupt the statute of limitations, even in cases that occurred prior to the express introduction of this rule by Law No. 13,129/2015, which amended the Brazilian Arbitration Act. The controversy arose in a declaratory action […]
TRF1 rules that wind and solar power generators are entitled to compensation in cases of curtailment
The 5th Panel of the Federal Regional Court of the 1st Region (“TRF1”) ruled that power generators must be compensated for curtailment events (also referred to as constrained-off or generation cuts). Curtailment is the practice of reducing or forcibly interrupting power generation imposed by the National Electric System Operator (“ONS”) when there is excess generation […]
STJ rules that the lack of accreditation of the certifying entity with ICP-Brasil is not sufficient to invalidate an electronic signature
The Third Panel of the Superior Court of Justice (“STJ”) ruled that the presumption of authenticity of an electronic signature certified by a private legal entity should not be disregarded solely because the entity is not accredited with the Brazilian Public Key Infrastructure (“ICP-Brasil”). According to the Reporting Justice, Minister Nancy Andrighi, the ICP-Brasil certification […]