Originally from World Arbitration and Mediation Review (WAMR)
Even though it is undisputable that arbitration is a widely accepted and efficient dispute resolution method in Brazil, worthy of credibility and extensively applied in the national and international scenarios, in May 26, 2015, the Brazilian Congress passed Law No. 13,129/2015 (“New Arbitration Act”), in force since July 27, 2015, that significantly improved some of the concepts and provisions of the existing Law No. 9,307/96 (“Brazilian Arbitration Act”), the former enacted almost 20 years ago.
The New Arbitration Act, however, does not entirely revoke or drastically change the structure of Brazilian Arbitration Act, nor does it change the way arbitration operates in Brazil. The new law is basically intended and expected to recognize statutorily some interpretations already consolidated by doctrine and case law, thereby strengthening the legal certainty in and efficiency of arbitration in Brazil.
II. BRIEF HISTORY OF ARBITRATION IN BRAZIL
In Brazil, as in many places, arbitration as a dispute resolution mechanism has had continuous development. Since its early beginnings when arbitration in Brazil was rarely considered because the then existing law demanded arbitral awards of all kinds, either foreign or domestic, to be first recognized by a State court to be effective and enforceable,3 Brazil has achieved an impressive level of arbitral maturity on an expedited basis.
Since 1996 Brazil has given arbitration proper legal regulation and arbitration has proven to be a useful, strategic, and efficient method of dispute resolution in the context of domestic and international business transactions.
ELIANA BARALDI graduated in Law at University of Sao Paulo (1995) and is a Masters candidate in International Law at same University. Head of Arbitration and Mediation Practices at the Brazilian law firm De Vivo, Whitaker e Castro, with 20 years of experience in complex arbitrations. Regional Coordinator at Brazilian Arbitration Committee, member of the Arbitration Committee of the International Bar Association, member of the Advisory Board of the ITA, member of the Arbitral Appointments Committee of the Scottish Arbitration Centre, Member of ALARB. Frequent international speaker and author of a few international articles related to arbitration. She works as counsel and as arbitrator.
MARINA MORELLI graduated in Law at Pontifícia Universidade Católica de São Paulo (2011) and a Masters Candidate in Corporate Law at Insper - Instituto de Ensino e Pesquisa. She is a member of the Brazilian Arbitration Committee, ICC-YAF Young Arbitrators Forum and ICDR Young & International. Practices at the Brazilian law firm De Vivo, Whitaker e Castro.