THE INTRODUCTION OF ARBITRATION WITHIN THE BRAZILIAN LEGAL CONTEXT

  • Savio R Sordi
  • Tatiana de Almeida F R Cardoso Squeff

Abstract

Abstract: 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.

DOI: http://dx.doi.org/10.17768/pbl.a4.n5-6.p306

Author Biographies

Savio R Sordi
Bachelor in Business Administration with emphasis in Foreign Trade (Unisinos/2004). LL.B in Law (UniRitter/2013). Lawyer registered in Brazil, subsection of Rio Grande do Sul state.
Tatiana de Almeida F R Cardoso Squeff

Professor of Public International Law at UniRitter (School of Law and International Relations), Unifin-RS (School of Law) and UFRGS (School of Law). Ph.D in International Law candidate at UFRGS. LL.M in Public Law (Unisinos/2012), with visiting period at the University of Toronto. Specialist in the English Language (Unilasalle/2008), International Law (UFRGS/2009) and in Contemporary International Relations (UFRGS/2015).

Published
2017-05-29
How to Cite
SORDI, Savio R; CARDOSO SQUEFF, Tatiana de Almeida F R. THE INTRODUCTION OF ARBITRATION WITHIN THE BRAZILIAN LEGAL CONTEXT. PANORAMA OF BRAZILIAN LAW, [S.l.], v. 4, n. 5-6, p. 306-327, may 2017. ISSN 2318-1516. Available at: <http://panoramaofbrazilianlaw.com/index.php/BrLaw/article/view/109>. Date accessed: 23 oct. 2017.