In April 2014, the Brazilian Arbitration Committee, resuming the 2007 survey and this time in partnership with the Brazilian Association of Arbitration Students (ABEArb), restarted the empirical case law research project, aimed at investigating the relationship between arbitration and the Judiciary in Brazil, with the objective of understanding how Brazilian judges apply the provisions of Law 9,307/96.
As in the previous survey, the current survey is being developed in two phases:
- The first phase, which began in April 2014, is focused on assembling a database containing all judicial decisions from state courts and higher courts (excluding the labor sphere, FGTS surveys and Special Courts) related to arbitration. The aim is to identify decisions issued between February 2008 (except for São Paulo, whose initial term is December 2007) and June 2016.
- In the second phase, which will begin as soon as the database is consolidated, the decisions will be analyzed in depth to verify how the provisions of the arbitration law are being applied. To this end, the decisions will be divided into several thematic groups, to be reported in due course.
Research Reports
CBAr Case Law Research – Preliminary Report
pesquisa-jurisprudecc82ncia-cbar-relatorio-preliminar
2015.08.24 – Annex I – Qualitative Table of Brazilian Courts
2015.08.24 – Annex II – Total Decisions
Presentation – 03/08/2017
1-apresentaccca7acc83o-03-08
Introduction – 03/08/2017
2-introduccca7acc83o-03-08
Clause Validity Report – 03/08/2017
3-Relatorio-Validade-Clausula-03.08
Report on Invalidity of Arbitration Award – 03/18/2017
4-Relatorio-Invalidade-de-Sentenca-Arbitral-03.08
Execution and Compliance Report – 03/08/17
5-Relatorio-Execucao-e-Cumprimento-03.08
Report on Approval of Foreign Arbitral Awards – 03/08/2017
6-relatoriohomologacacc83o-de-sentenccca7as-arbitrais-estrangeiras-03-08
Other Report – 03/08/2017
7-Relatorio-Outros-03.08
