Arbitration Law of Brazil: Practice and Procedure - Second Edition - Hardcover Edition
Arbitration Law of Brazil: Practice and Procedure - Second Edition - PDF eBook
LAW NO. 9.307 OF SEPTEMBER 23, 1996
(INCLUDING THE AMENDMENTS INTRODUCED
BY LAW NO. 13.129 OF MAY 26, 2015)
Article 1. Those who are capable of entering into contracts may make use
of arbitration to resolve conflicts regarding freely transferable property
§ 1. Direct and indirect public administration may use arbitration to
resolve conflicts regarding transferable public property rights. (included
by Law 13.129/2015)
§ 2. The competent authority or direct public administration entity that
enters into arbitration agreements is the same entity that enters into
agreements or transactions. (included by Law 13.129/2015)
Article 2. At the parties' discretion, arbitration may be at law or in equity.
§ 1. The parties may freely choose the rules of law that will be used in
the arbitration, as long as their choice does not violate good morals and
§ 2. The parties may also agree that the arbitration shall be conducted
under general principles of law, customs, usages and the rules of
§ 3. Arbitration that involves public administration will always be at law,
and will be subject to the principle of publicity. (included by Law
THE ARBITRATION AGREEMENT AND ITS EFFECTS
Article 3. The interested parties may submit their disputes to arbitration
by means of an arbitration agreement, which may be in the form of either
an arbitration clause or an arbitration agreement.
Article 4. An arbitration clause is an agreement by which the parties to a
contract undertake to submit to arbitration any disputes that might arise
with respect to that contract.
§ 1. An arbitration clause will be in writing, and it may be inserted into
the contract itself or into a separate document to which it refers.
§ 2. In adhesion contracts, an arbitration clause will only be valid if the
adhering party takes the initiative to file an arbitration proceeding or if
it expressly agrees with its initiation, as long as it is in an attached
written document or in boldface type, with a signature or special
approval for that clause.
§ 3. In a consumer relationship, established by means of an adhesion
contract, the arbitration clause will only take effect if the adhering party
takes the initiative to file an arbitration proceeding, or to expressly agree
with its institution. (Article of Law 13.129/2015 vetoed)
§ 4. As long as an employee occupies or comes to occupy a position or
function of an administrator or a director appointed pursuant to the bylaws,
in individual labour contracts an arbitration clause may be agreed
to, which will only enter into force if the employee takes the initiative to
file an arbitration proceeding, or if the employee expressly agrees to an
arbitration proceeding being filed. (Article of Law 13.129/2015 vetoed)
Article 5. If the arbitration clause makes reference to the rules of a
particular arbitral institution or specialized entity, the arbitration shall
commence and be conducted in accordance with such rules. The parties
JOAQUIM T. DE PAIVA MUNIZ is a principal of Trench, Rossi & Watanabe Advogados firm associated with Baker & McKenzie International, a Swiss verein. Admitted to practice in Brazil and in the State of New York, he has a LL.M. from the University of Chicago Law School. He is the coordinator of the post-graduation course on arbitration at ESA/OAB-RJ (Superior School of Law of the Brazilian Bar Association -- Rio de Janeiro Chapter), Chairman of the Arbitration Commission of the Brazilian Bar, Rio de Janeiro Chapter (OAB/RJ), and Director of the Brazilian Arbitration and Mediation Chamber (CBMA). He is also the author of several books and articles on international arbitration and Brazilian corporate law.
ANA TEREZA PALHARES BASÍLIO is a principal of Basílio Advogados in Rio de Janeiro. She is admitted to practice in Brazil, a professor of Arbitration in the graduate courses of Fundação Getúlio Vargas (FGV), former president of the Arbitration Commission of the Brazilian Bar, Rio de Janeiro Chapter (OAB/RJ), Vice-President of the Brazilian Arbitration and Mediation Chamber (CBMA), and former judge of the Brazilian election tribunal in Rio de Janeiro (TRE-RJ). She is also the author of several articles on international arbitration and Brazilian civil law.