International contracts in Brazil: governing law, jurisdiction and enforceability

Summary

Commercial international contracts can often select foreign law and jurisdiction, but mandatory Brazilian rules governing consumers, employment relationships and real estate may prevail.

Choice of law and jurisdiction

Brazilian courts generally respect negotiated clauses in arm's-length commercial contracts. Mandatory Brazilian jurisdiction and protective rules may prevail in consumer, employment and Brazilian real-estate matters.

Frequently asked questions

Is international arbitration enforceable in Brazil?

Yes. Brazil is a party to the 1958 New York Convention and recognizes foreign arbitral awards through a streamlined recognition procedure before the Superior Court of Justice.