Arbitration is a way to resolve conflicts in the private sector. The parties, jointly and on consent, choose to submit conflicts, new or already existing,to arbitration.
There are two ways of using arbitration under the Brazilian Arbitration Law, Law no. 9.307/96, subsequently amended by Law no. 13.129/15. The first is through an arbitration clause. The contracting parties agree and undertake to submit to arbitration any dispute arising from the contractual relationship and enter into this through an arbitration clause that is part of their agreement.
The second is through a submission to arbitration. The contracting parties, with an already existing conflict, decide to submit the dispute to be resolved by an arbitral tribunal. This submission commitment may be entered into even within the scope of a case already in progress before the courts or in an out-of-court manner, entered into by means of a private agreement.
This dispute resolution mechanism has grown increasingly in Brazil. Our firm is highly prepared to assist our clients both in the contractual phase and in proceedings before an arbitral tribunal. Our expertise in the other areas of practice of the firm and our concern for the best interests of our clients are the distinguishing factor in choosing professionals to act in arbitration proceedings.
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