Justice closes inquiry against arbitrator in dispute over Eldorado
In her decision, the judge stated that none of the facts alleged by J&F “would serve to substantiate justified doubt as to the independence or impartiality of the arbitrator.”
At the request of the Brazilian Public Ministry, the Justice closed the police investigation opened at the request of J&F, against Anderson Schreiber, in September last year. The Batista brothers’ holding company was justified by the assertion that at least one of the arbitrators that make up the court omitted information that would compromise its participation in the trial.
Judge Daniella Prado, from the 11th Criminal Court of Rio de Janeiro, ruled last week that none of the facts alleged by J&F “would serve to substantiate justified doubt as to the independence or impartiality of the arbitrator”. The holding company claimed that Schreiber should have disclosed information in advance regarding the link with the Paper Excellence defense.
The decision that gave Paper Excellence victory in the litigation was unanimously made by the three arbitrators – one of them was Schreiber. After being accused of withholding information, he requested removal from arbitration. In 2021, the Batista brothers’ holding company was defeated in the dispute for control of Eldorado Brasil, but appealed the decision and the process continues to be processed in court. As a result, Paper Excellence has not yet managed to take over the pulp manufacturer.