The Superior Court of Justice ruled that forum selection clause does not bind the subrogated insurer
The Third Section of the Superior Court of Justice ruled that the forum selection clause signed between the individual responsible for the damage and the insured does not bind the subrogated insurer.
The insurance company filed an indemnity claim against the company that caused the damage, which later argued that such claim should have been filed before the Los Angeles’s courthouse, in the United States, as provided in the forum selection clause. However, according to the Superior Court of Justice, the procedural matters involving the company responsible for the damage and the insured are not enforceable against the new creditor (insurer), as procedural matters are not subject to subrogation, but only substantive rights.
(Superior Court of Justice, Special Appeal no. 1.962.113/RJ, leading Justice Nancy Andrighi, 3rd Panel, ruled on 03/22/2022)
The Supreme Federal Court ruled against retroactively applying the amendments to the Improbity Administrative Law before concluded misconduct lawsuits
The Supreme Federal Court ruled that the amendments in the Improbity Administrative Law do not retroact for misconduct lawsuits in which there is a final decision on the merits of the case. The new changes can only be applied for ongoing cases that discuss the unintentional misconduct act. The Supreme Federal Court has also granted that new rules of statute of limitation are not to be applied retroactively, regardless of whether there is a decision on the merits of the case or not.
(Supreme Federal Court, Topic no. 1.119, Interlocutory Appeal in the Extraordinary Appeal no. 843.989/PR, leading Justice Alexandre de Moraes, ruled on 08/18/2022)
The Superior Court of Justice favors the kompetenz-kompetenz principle and decides that it will be up to the Arbitral Tribunal to analyze the claim of illegitimacy of the party raised in a claim to enforce the commencement of an arbitration
The Third Section of the Superior Court of Justice reformed the ruling of the lower courts decisions that led to the dismissal of a claim filed to enforce the commencement of an arbitration due to the alleged illegitimacy of the Plaintiff, a company that was not the leader of the consortium. According to the Superior Court of Justice, a claim filed to enforce the commencement of an arbitration can only be dismissed without the analysis of the merits of the case in a very specific scenario: when the Plaintiff fails to show to the hearing designated for the drafting of the rules of the arbitration without a valid reason. In addition, the Superior Court of Justice declared that it will be up to the Arbitral Tribunal to analyze the illegitimacy allegation, as provided by the kompetenz-kompetenz rule, and the Lower Court must observe the rules provided for in the Code of Civil Procedure to analyze such claim.
(Superior Court of Justice. Special Appeal n. 1.972.512, leading Justice Nancy Andrighi, 3rd Section, ruled on 05/24/2022)
Superior Court of Justice rules the creditor can withdraw its foreclosure procedure after the summoning of the debtor regardless of the debtor’s consent or without waiving its substantive right
The First Section of the Superior Court of Justice has ruled the creditor can withdraw the foreclosure procedure regardless of the debtor’s consent and without waiving its substantive right under dispute, based on the interpretation of article 775, of the Code of Civil Procedure.
(Superior Court of Justice. Special Appeal n. 1.769.643, leading Justice Sérgio Kukina, 1st Section, ruled on 06/07/2022)
The National Council of Justice (CNJ) published the “Justice in numbers” annual report
The National Council of Justice published the 2022 edition of an annual report called “Justice in numbers” with data and performance analysis of the Judiciary in 2021. With many interesting information and data, it is worth highlighting the following:
(i) BRL 103.9 billion spent for the operation of the Judiciary;
(ii) 91.5% of these costs are related to staff only;
(iii) 77.3 million lawsuits ongoing;
(iv) 26.9 million cases concluded;
(v) 27.7 million new lawsuits were registered;
(vi) 97.2% of the new lawsuits were filed in court in electronic format..
(Report available on: https://www.cnj.jus.br/wp-content/uploads/2022/09/justica-em-numeros-2022.pdf)