ABSTRACT
International arbitration arose as a global phenomenon with the growth of
transcontinental trade in a progressive smaller world. As its role and
importance have become defined, the use of arbitration as an alternative dispute
resolution has increased all around the world accordingly. However, even with
unified international documents, such as the 1958 New York Convention,
1965 Washington Convention, 1985-2006 United Nations Commission on
International Trade Law, or UNICITRAL Model Law, arbitration has
been approached differently domestically, thus facing conflicts or
controversies. This paper has as main objective to explain the key points
concerning arbitration within the Brazilian legal system. The evolution of
arbitration will be studied since the Iberian Union in the colonial era in order to bring about the formation of its legal characteristics. Besides,
the current Brazilian Arbitration Act, promulgated in 1996, will be analyzed
focusing on its provision gaps. The Sulamerica-Enesa arbitral award will be the
case study of this paper, which will contribute to a better understanding of
the increase in conflicts with the use of this method of dispute resolution.
Last, an overview of the Brazilian arbitration legislation as well as its “gaps”
will determine that in spite of arbitration being successfully implemented in
Brazil, there is still an eminent need to improve legislation, which will be
substantial to avoid further conflicts in lex arbitri, lex curia and lex contractus within
arbitration itself.