Replies to post #44666 on Global Digital Solutions Inc (GDSI)

[Coreton]

This post includes ALL foreign judgements submitted for Recognition.

ALL means Divorces, child custody and support, civil, commercial and mediation judgements along with a slew of other “foreign judgements”.

If you take the time to break it down to the case of GDSI vs Rontan et al. A judgement of “Default” (Res Judicata) rendered against Rontan et al. You will find that the Brazilian Superior Court Recognition “process” is greatly accelerated ( under the rules of civil procedure amended 2015) and on average takes about 90 days from filing to Recognition.

[uber darthium]

You omitted the part where the Brazilian courts consider any U.S penny stock promotion company that
has a $ 3.00/ day virtual office in West Palm Beach to be a SCAM and may be likely to throw out the request for recognition.

[PhenixBleu]

Service by U.S.Mail to Rontan took six weeks...and the Court ordered actions in a lesser period of time. I'm surprised the Court didn't know this would be an issue. Without service to counsel, the Bolzan's, as direct recipients, were at a disadvantage. These are non-English speaking defendants that did not receive legal documents in Portuguese.

[PhenixBleu]

Accordingly, Plaintiff shall respond to Defendants' Motion for Relief from Default Final Judgment (DE [222]) and reply in support of its Supplement to Motion for Final Judgment (DE [213]) on or before July 2, 2020.

That's Thursday this week. Expect Isaacson's name to NOT be on future filings.

The above Motion is free to read on DocketBird. The DocketBird link remains at the bottom of my stickie.

The new Defense Counsel is reasserting the Defense filed by the Defendant's prior counsel.

[PhenixBleu]

Here are the reasons a Foreign Judgement can be set aside in Brazil.

2.7 On what grounds can recognition/enforcement of a judgment be challenged?

When can such a challenge be made?

Formal and substantive oppositions may be presented with the purpose of challenging requests for recognition of foreign decisions in Brazil. These oppositions may be presented before the Superior Court of Justice during the recognition proceedings.

The main grounds for opposing recognition consist in alleging that:
(a) the process was not duly served on the defendant;
(b) the decision in matter was issued by an incompetent state court or arbitral tribunal;
(c) the decision in matter fails to fulfil the requirements for it to be considered valid, lawful and enforceable in its jurisdiction of origin;
(d) the interested party failed to observe the procedural requirements and/or provide the necessary documents for the recognition proceeding;
(e) the decision did not become res judicata and/or is not, for any given reason, enforceable in its jurisdiction of origin; and/or
(f) the decision in matter violates Brazil’s public policy, its national sovereignty or the dignity of the human person.

Source: Page 6 of the ICLG Enforcement of Foreign Judgements

http://www.pinheironeto.com.br/Documents/Artigos/TheICLG_EnforcementofForeignJudgments_2018.pdf

[PhenixBleu]

2.7 On what grounds can recognition/enforcement of a judgment be challenged? When can such a challenge be made?

Formal and substantive oppositions may be presented with the purpose of challenging requests for recognition of foreign decisions in Brazil. These oppositions may be presented before the Superior Court of Justice during the recognition proceedings.

The main grounds for opposing recognition consist in alleging that:

(a) the process was not duly served on the defendant;

(b) the decision in matter was issued by an incompetent state court or arbitral tribunal;

(c) the decision in matter fails to fulfil the requirements for it to be considered valid, lawful and enforceable in its jurisdiction of origin;

(d) the interested party failed to observe the procedural requirements and/or provide the necessary documents for the recognition proceeding;

(e) the decision did not become res judicata and/or is not, for any given reason, enforceable in its jurisdiction of origin; and/or

(f) the decision in matter violates Brazil’s public policy, its national sovereignty or the dignity of the human person.

[PhenixBleu]

RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGEMENTS IN BRAZIL

The recognition and enforcement of foreign judgments in Brazil commences with the interested party presenting a recognition request (in the form of a petition/application in writing) to the Brazilian Superior Court of Justice, and providing the necessary documents to demonstrate the fulfilment of the formal and substantive requirements for ratification. Recognition requests filed before the Brazilian Superior Court of Justice must be accompanied by the following documents:(i) the original or a certified copy of the judgment to be recognised;(ii) for the recognition of arbitral awards, also the original or a certified copy of the arbitral agreement; and(iii) any other documents necessary to demonstrate the fulfilment of the formal and substantive requirements for recognition. As a rule, documents presented in recognition proceedings must (a) be accompanied by a sworn translation of their content into Portuguese, and (b) have been previously authenticated by the competent Brazilian consular authority. After the filing of the recognition request, the President of the Court may demand that the interested party presents additional documents and/or amend its initial application. Should the Court interpret that the documents presented by the plaintiff are sufficient and the request is formally adequate, it will determine that service of process be effected on the defendant, who will then have the opportunity to present its response. If the defendant assents to the recognition request, the President of the Court himself or herself decides the case. Should the defendant oppose the request, the case is remitted to the Superior Court of Justice’s Special Court (composed of the most senior Justices of the Court). During the course of the proceedings, the Court may determine the plaintiff and defendant to provide, respectively, a reply and a rebuttal, as well as any additional documents it may deem necessary. In addition, the Federal Public Prosecutors’ Office will be summoned to present an opinion on the case. After these developments, the Superior Court of Justice’s Special Court proceeds to render its final decision on the case.

The length of the proceedings may vary considerably, depending on whether the opposite party agrees with the recognition request or opposes it, thus increasing the procedure’s complexity. A time estimate for the Brazilian Superior Court of Justice to recognise a foreign judgment or a foreign arbitral award may vary, on average, between six months (when the defendant does not oppose the recognition request) to three-and-a-half years. On average, recognition proceedings before the Brazilian Superior Court of Justice tend to last around 30 (thirty) months. In the instance whereby a final decision is against recognising a foreign judgment or foreign arbitral award rendered by the Superior Court of Justice, the parties involved may present, in very specific circumstances, an extraordinary appeal, directing the case to the Federal Supreme Court of Brazil.

Once the recognition is granted by the Superior Court of Justice, the foreign judgment becomes res judicata in Brazil, and the interested party may present a request for enforcement before the competent Brazilian Federal Courts. It is possible for the Brazilian Superior Court of Justice to recognise only a part of the judgment in matter. This may occur either because the Court understands that only a part of the judgment is recognisable, or because the parties, for any given reason, requested the recognition of only part of the decision.

https://www.konrad-partners.com/fileadmin/konrad-partners/2019/News/New/Publications/ICLG_Enforcement_of_Foreign_Judgements_Austria_KonradPartners.pdf

https://iclg.com/practice-areas/enforcement-of-foreign-judgments-laws-and-regulations/brazil

https://www.lw.com/thoughtLeadership/enforcement-of-foreign-judgments-2021

https://practiceguides.chambers.com/practice-guides/enforcement-of-judgments-2020/brazil

https://content.next.westlaw.com/Document/I31e519fc741911e598dc8b09b4f043e0/View/FullText.html?contextData=(sc.Default)&transitionType=Default&firstPage=true

Link to Docket: https://www.docketbird.com/court-cases/case/flsd-9:2018-cv-80106