Approximately ten years ago, our partner Danielle Farah Ziade submitted a proposed interpretative statement regarding the Arbitration Act, which was ultimately approved at the First Conference on Prevention and Extrajudicial Dispute Resolution of the Federal Justice Council (CJF):
“10. A request for a declaration of nullity of an arbitral award raised in an objection to the enforcement of the judgment must be filed within the time limit set forth in Article 33 of Law No. 9,307/1996 [a 90-day limitation period].”
Recently, the Superior Court of Justice addressed this very issue in the judgment of Special Appeal No. 2.212.083/SP and held that the nullity of an arbitral award may indeed be asserted either through a specific annulment action or in an objection to enforcement. However, in both situations, the 90 – day limitation period is mandatory. Once this period has elapsed, the debtor’s defense is limited to the matters listed in Article 525, §1, of the Code of Civil Procedure, and the reexamination of the nullities set forth in Article 32 of the Arbitration Act is barred.
The decision reinforces a point that, in practice, still generates confusion: an objection to the enforcement of an arbitral award does not reopen the deadline to seek its annulment.
From an arbitration standpoint, this understanding is fundamental. It preserves the stability of arbitral decisions, the predictability of the system, and the very credibility of arbitration as an efficient dispute resolution method.
It serves as a clear reminder to companies and practitioners: in arbitration, time is a structural element, not a mere procedural detail.
This ruling consolidates a coherent interpretation of the Arbitration Act and underscores the importance of a technical, strategic, and attentive approach from the moment the arbitral award is received—especially in complex contracts and disputes involving significant economic impact.
REsp n. 2.212.083/SP, relator Ministro Ricardo Villas Bôas Cueva, Terceira Turma, julgado em 9/12/2025, DJEN de 17/12/2025.
