Open AccessTHE INTRODUCTION OF ARBITRATION WITHIN THE BRAZILIAN LEGAL CONTEXT
Author(s) -
Savio R Sordi,
Tatiana De Almeida F R Cardoso Squeff
Publication year - 2018
Publication title -
panorama of brazilian law
Language(s) - English
Resource type - Journals
ISSN - 2318-1516
DOI - 10.17768/pbl.v4i5-6.34437
Subject(s) - arbitration , convention , context (archaeology) , law , autonomy , political science , dispute resolution , alternative dispute resolution , compulsory arbitration , law and economics , business , sociology , geography , archaeology
The present article analyzes the introduction of arbitration as an alternative method of conflict resolution within the Brazilian legal context. In this sense, after a preliminary remark on the origins and concept of arbitration, this text focuses on the construction of the institute of arbitration within Brazilian legal framework. Thus, the aspects regarding the enactment of Law No. 9.307/96 are examined, especially concerning the requisites for the establishment of an effective arbitral convention. Finally, the structure of the law in regard to pre-arbitration facts, such as parties’ autonomy and the choice of applicable laws, and the arbitration per se as to the execution of the clause and the aspects concerning the delivery of the award are studied. As a result, the importance of the introduction of such Law it is noticed, as it deeply changed Brazil’s legal framework regarding the arbitral convention, making a more palpable and viable method of solving disputes nowadays.