LAW Of the ARBITRATION LAW Nº 9.307, 23 OF SEPTEMBER OF 1996.

It makes use on the arbitration. The PRESIDENT Of the REPUBLIC I make to know that the National Congress decrees and I sanction the following Law:


CHAPTER I GENERAL DISPOSALS

Art. 1st - the people capable to contract could use themselves the arbitration to nullify relative litigations the available patrimonial rights.

Art. 2nd- the arbitration could be of right or fairness, the criterion of the parts. § 1º - the parts Will be able to choose, freely, the rules of law that will be applied in the arbitration, since that it does not have breaking to the good customs and the public order. § 2º - They will be able, also, the parts to stipulate that the arbitration if on the basis of carries through the general principles of right, in the uses and customs and the international rules of commerce.

CHAPTER II Of the ARBITRATION CONVENTION and ITS EFFECT

Art. 3rd - the interested people can submit to the solution of its litigations to the arbitrational judgment by means of arbitration convention, thus understood the arbitragem clause and the arbitrational commitment.

Art. 4th - the arbitragem clause is the convention through which the parts in a contract commits to relatively submit it to the arbitration the litigations that can come to appear, to such contract. § 1º - the arbitragem clause must be stipulated by writing, being able to be inserta in the proper contract or separated document that it if relates. § 2º - In adhesion contracts, the arbitragem clause will only have effectiveness if the adherent one to take the initiative to institute the arbitration or to agree, express, with its institution, since that for writing in attached document or boldface, with the signature or visa especially for this clause.

Art. 5th - Referring the parts, in the arbitragem clause, to the rules of some institucional arbitrational agency or specialized entity, the arbitration will be instituted and processed in accordance with such rules, being able, equally, the parts to establish in the proper clause, or another document, the form stipulated for the institution of the arbitration.

Art. 6th - not having previous agreement on the form to institute the arbitration, the interested person will reveal to the other part its intention to give beginning to the arbitration, for saw postcard or for another way any of communication, by means of act of receiving evidence, convoking it for, in day, certain hour and place, to firm the arbitrational commitment. Only paragraph - not appearing the convoked part or, appearing, to oppose to firm it the arbitrational commitment, will be able to another part to consider the demand that it deals with art. 7º of this Law, before the agency of the Judiciary Power the one that, originariamente, would touch the judgment of the cause.

Art. 7th - Existing arbitragem clause and having resistance how much to the institution of the arbitration, the interested person will be able to require the citation of the other part to appear in judgment in order to cultivate the commitment, assigning the judge special hearing for such end. § 1º - the author will indicate, with precision, the object of the arbitration, instructing the order with the document that to contain the arbitragem clause. § 2º - Appearing the parts to the hearing, the judge will try, previously, the conciliation concerning the litigation. Not getting success, the judge will try to lead the parts to the celebration, of common agreement, the arbitrational commitment. § 3º - not agreeing the parts on the terms of the commitment, will decide the judge, after to hear the male defendant, on its content, in the proper hearing or the stated period of ten days, respected the disposals of the arbitragem clause and taking care of to the made use one in arts. 10 and 21, § 2º, of this Law. § 4º - the arbitragem clause is swum to make use on the nomination of arbitrators, will fit to the judge, heard the parts, to decree the respect, being able to nominate only arbitrator for the solution of the litigation. § 5º - the absence of the author, without just reason, to the hearing assigned for the drafting of the arbitrational commitment, will import the abatement of action without merit judgment. § 6º - not appearing the male defendant to the hearing, will fit to the judge, heard the author, to decree regarding the content of the commitment, being nominated only arbitrator. § 7º - the sentence that to judge originating the order will be valid as arbitrational commitment.

Art. 8th - the arbitragem clause is independent in relation to the contract where he will be inserta, of such luck that the nullity of this does not imply, necessarily, the nullity of the arbitragem clause. Only paragraph - It will fit to the arbitrator to decide ex-officio, or for provocation of the parts, the questions concerning the existence, validity and effectiveness of the convention of arbitration and the contract that the arbitragem clause contains.

Art. 9th - the arbitrational commitment is the convention through which the parts submits a litigation to the one arbitration or more people, being able to be judicial or extrajudicial. § 1º - judicial the arbitrational commitment will be celebrated for term in files of legal documents, before the judgment or court, where the demand has course. § 2º - the extrajudicial arbitrational commitment will be celebrated by act under private signature, signed for two witnesses, or public act.

Art. 10 - It will consist, obligatorily, of the arbitrational commitment: I - the name, profession, civil state and domicile of the parts; II - the name, profession and domicile of the arbitrator, or the arbitrators, or, will be the case, the identification of the entity to which the parts to delegate the indication of arbitrators; III - the substance that will be object of the arbitration; e IV - the place where the award will be pronounced.

Art. 11 - It will be able, still, the arbitrational commitment to contain: I - local, or places, where the arbitration will be developed; II - the authorization so that the arbitrator or the arbitrators judges for fairness, if thus will be stipulated by the parts; Ill - the stated period for presentation of the award; IV - the indication of the national law or the applicable corporative rules to the arbitration, when thus to stipulate the parts; V - the declaration of the responsibility for the payment of the honorary ones and the expenditures with the arbitration; e Vl - the setting of the honorary ones of the arbitrator, or the arbitrators.

Only paragraph - Fixing the parts the honorary ones of the arbitrator, or the arbitrators, in the arbitrational commitment, this will constitute extrajudicial executive heading; not having such stipulation, the arbitrator will require the agency of the Judiciary Power that would be competent to judge, originariamente, the cause that fixes them for sentence.

Art. 12 - It extinguishes - the arbitrational commitment: I - excusing any of the arbitrators, before accepting the nomination, since that the parts have declared, express, not to accept substitute; II - falecendo or being disabled to give to its vote some of the arbitrators, since whom the parts declare, express, not to accept substitute; e Ill - having exhaled the stated period the one that if relate art. 11, interpolated proposition III, since that the interested person it has notified the arbitrator, or the arbitrational chief justice, granting the stated period of ten days for the utterance and presentation to it of the award.

CHAPTER III Of the ARBITRATORS

Art. 13 - any competent person can be arbitrator and that he/she has the confidence of the parts. § 1º - the parts will nominate one or more arbitrators, always in uneven number, being able to nominate, also, the respective substitutes. § 2º - When the parts to nominate arbitrators in number pair, these is authorized, since soon, to nominate plus an arbitrator. Not having agreement, they will require the parts to the agency of the Judiciary Power the one that would touch, originariamente, the judgment of the cause the nomination of the arbitrator, applicable, in whom to fit, the procedure foreseen in art. 7º of this Law. § 3º - the parts will be able, of common agreement, to establish the process of choice of the arbitrators, or to adopt the rules of an institucional arbitrational agency or specialized entity. § 4º - Being nominated some arbitrators, these, for majority, will choose the arbitrational chief justice. Not having consensus, the most aged president will be assigned. § 5º - the arbitrator or the chief justice will assign, if to judge convenient, a secretary, who could be one of the arbitrators. § 6º - In the performance of its function, the arbitrator will have to proceed with imparcialidade, independence, ability, diligence and discretion. § 7º - the arbitrator or the arbitrational court Will be able to determine to the parts the advancing of mounts of money for expenditures and diligências that to judge necessary.

Art. 14 - The people who have, with the parts or the litigation are hindered to function as arbitrators that Ihes will be submitted, some of the relations that characterize the cases of impediment or suspicion of juízes, apply-if them, in that to fit, the same duties and responsibilities, as foreseen in the Code of Civil action. § 1º - the indicated people to function as arbitrator has the duty to disclose, before the acceptance of the function, any fact that denotes doubt justified how much to its imparcialidade and independence. § 2º - the arbitrator could only be refused by reason occurred after its nomination. Its nomination could, however, be refused by previous reason, when: a) will not be nominated, directly, for the part; or b) the reason for the refusal of the arbitrator will be known later to its nomination.

Art. 15 - The interested person that to argue the refusal of the arbitrator will present, in the terms of art. 20, the respective exception, directly to the arbitrator or the arbitrational chief justice, deducing its reasons and presenting the pertinent tests. Only paragraph - Received the exception, will be moved away the suspicious or hindered arbitrator, who will be substituted, in the form from art. 16 of this Law.

Art. 16 - If the arbitrator to excuse themselves before the acceptance of the nomination, or, after the acceptance, to come to falecer, to become disabled for the exercise of the function, or will be refused, will assume its place the substitute indicated in the commitment, will have itself. § 1º - not having substitute indicated for the arbitrator, the rules of the institucional arbitrational agency or specialized entity will be applied, if the parts will have invoked them in the arbitration convention. § 2º - Nothing making use the arbitration convention and not arriving the parts at an agreement on the nomination of the arbitrator to be substituted, will proceed the interested person from the form foreseen in art. 7º of this Law, unless the parts have declared, express, in the arbitration convention, not to accept substitute.

Art. 17 - The arbitrators, when in the exercise of its functions or reason of them, they are equalized the public officers, for the effect of the criminal legislation.

Art 18 - The arbitrator is right and lay judge, and the sentence that to pronounce is not subjects the resource or the homologation for the Judiciary Power.

CHAPTER IV Of the ARBITRATIONAL PROCEDURE

Art. 19 - It is considered instituted the arbitration when accepted the nomination for the arbitrator, will be only, or for all, they will be several. Only paragraph - Instituted the arbitration and understanding the arbitrator or the arbitrational court who has necessity of explicitar some question made use in the arbitration convention, will be elaborated, together with the parts, an addend, firmed for all, that will start to be integrant part of the arbitration convention.

Art. 20 - The part that to intend to argue relative questions to the ability, suspicion or impediment of the arbitrator or the arbitrators, as well as nullity, invalidity or inefficacy of the arbitration convention, will have to make it in the first chance that will have of if revealing, after the institution of the arbitration. § 1º - Received the challenge of suspicion or impediment, he will be the arbitrator substituted in the terms of art. 16 of this Law, recognized the incompetence of the arbitrator or of the arbitrational court, as well as the nullity, invalidity or inefficacy of the arbitration convention, will be the parts sent to the agency of the competent Judiciary Power to judge the cause. § 2º - not being received the challenge, will have normal continuation the arbitration, without damage to come to be examined the decision for the agency of the competent Judiciary Power, when of the eventual bringing suit of the demand that it deals with art. 33 of this Law.

Art. 21 - The arbitration will obey the procedure established for the parts in the convention of arbitration, that will be able to refer it the rules of an institucional arbitrational agency or specialized entity, authorizing itself, still, to the parts to delegate the proper arbitrator, or to the arbitrational court, to regulate the procedure. § 1º - not having stipulation concerning the procedure, discipliná- will fit to the arbitrator or the arbitrational court lo. § 2º - They will be, always, respected in the arbitrational procedure the principles of the contradictory, of the equality of the parts, the imparcialidade of the arbitrator and its judicial discretion. § 3º - the parts will be able to claim for intermediary of lawyer, respected, always, the college to assign who represents them or attends in the arbitrational procedure. § 4º - It will compete to the arbitrator or the arbitrational court, in the beginning of the procedure, to try the conciliation of the parts, being applied itself, in that to fit, art. 28 of this Law.

Art. 22 - The arbitrator or the arbitrational court will be able to take the deposition of the parts, to hear witnesses and to determine the accomplishment of perícias or other tests that to judge necessary, by means of petition of the parts or ex-officio. § 1º - the deposition of the parts and the witnesses will be taken in place, day and hour previously communicated, for writing, and reduced the term, signed for the deponent, or its I supplicate, and for the arbitrators. § 2º - In desatendimento case, without joust cause, of the invocation to give personal deposition, the arbitrator or the arbitrational court it will take in consideration the behavior of the faulty part, when pronouncing its sentence; if the absence will be of witness, in the same circumstances, will be able the arbitrator or the arbitrational chief justice to require to the judiciary authority that the obstinate witness leads, proving the existence of the arbitration convention. § 3º - the default of the part will not hinder that the award is pronounced. § 4º - Excepted made use in § 2º, having necessity of coercitive or action for a provisional remedy measures, the arbitrators will be able to request them it the agency of the Judiciary Power that would be, originariamente, competent to judge the cause. § 5º -, during the arbitrational procedure an arbitrator to come to be substituted is the criterion of the substitute to repeat the tests already produced.

CHAPTER V Of the AWARD

Art. 23 - the award will be pronounced in the stated period stipulated for the parts. It swims having been stipulated, the stated period for the presentation of the sentence is of six months, counted of the institution of the arbitration or the substitution of the arbitrator. Only paragraph - the parts and the arbitrators, of common agreement, will be able to prorogue the stipulated stated period.

Art. 24 - The decision of the arbitrator or the arbitrators will be express in written document. § 1º - When the arbitrators will be several, the decision will be taken by majority. If it will not have majority agreement, will take advantage the vote of the arbitrational chief justice.

§ 2º - the arbitrator who to divergir of the majority will be able, wanting, to declare its vote separately.

Art. 25 - Supervening in the course of the arbitration controversy concerning unavailable rights and verifying themselves that on its existence, or not, the judgment will depend, the arbitrator or the arbitrational court it will send the parts to the competent authority of the Judiciary Power, suspending the arbitrational procedure. Only paragraph - Decided the prejudicial matter and joined to files of legal documents the transited sentence or sentence in judgeship, the arbitration will have normal pursuing.

Art. 26 - They are requisite obligator of the award: I - the report, that will contain the names of the parts and a summary of the litigation; Il - the beddings of the decision, where the right and matters of fact will be analyzed, mentioning itself, express, if the arbitrators had judged for fairness; Ill - device, where the arbitrators will decide the questions that Ihes will be submitted and will establish the stated period for the fulfilment of the decision, will be themselves the case; e IV - the date and the place where it was pronounced. Only paragraph - the award will be signed by the arbitrator or all the arbitrators. It will fit to the arbitrational chief justice, in the hypothesis of one or some of the arbitrators not to be able or not to want to sign the sentence, to certify such fact.

Art. 27 - The award will decide on the responsibility of the parts concerning the costs and expenditures with the arbitration, as well as on decurrent mount of money of litigation of bad-faith, will be the case, respected the disposals of the arbitration convention, will be had.

Art. 28 - If, in the continuation of the arbitration, the parts to arrive the agreement how much to the litigation, the arbitrator or the arbitrational court it will be able, the order of the parts, to declare such fact by means of award, that will contain the requirements of art. 96 of this Law.

Art. 29 - Pronounced the award, the arbitration is given for finda, having the arbitrator, or the arbitrational chief justice, to send copy of the decision to the parts, for saw postcard or for another way any of communication, by means of evidence of act of receiving, or, still delivering it directly to the parts, by means of receipt.

Art. 30 - In the stated period of five days, to count of the act of receiving of the notification or the personal science of the award, the interested person, by means of communication to the other part, will be able to request to the arbitrator or the arbitrational court who: I - any material error of the award corrects; Il - some blackness, doubt or contradiction of the award clarify, or if decision pronounces on point omitted regarding which had to be disclosed it. Only paragraph - the arbitrator or the arbitrational court will decide, in the stated period of ten days, amending the award and notifying the parts in the form of art. 29.

Art. 31 - The award produces between the parts and its successors, the same effect of the sentence pronounced for the agencies of Judiciary Power e, being condemnatory, constitute executive heading.

Art. 32 - The award is null if: I - the commitment will be null; Il - it emanated of who could not be arbitrator; III - not to contain the requirements of art. 26 of this Law; IV - it will be pronounced outside of the limits of the arbitration convention; V - not to all decide the litigation submitted to the arbitration; VI - proven that it was pronounced by prevarication, official corruption or passive corruption; VII - pronounced outside of the stated period, respected the made use one in art. 12, interpolated proposition III, of this Law; e VIII - the principles will be disrespected that it deals with art. 21, § 2°, of this Law.

Art. 33 - The interested person will be able to plead to the agency of the competent judiciary Power the decreement of the nullity of the award, in the cases foreseen in this Law. § 1º - the demand for the decreement of nullity of the award will follow the common, foreseen procedure in the Code of Civil action, and will have after to be proposal in the stated period of up to ninety days the act of receiving of the notification of the award or its amendment. § 2º - the sentence that to judge originating the order: I - the nullity of the award will decree, in the cases of art. 32, interpolated propositions I, II, Vl, VII and VIII; II - it will determine that the arbitrator or the arbitrational court pronounces new finding, in the too much hypotheses. § 3º - the decreement of the nullity of the award also could be defendant by means of action of embargoes of the debtor, as art. 741 and following ones of the Code of Pro I cease Civilian, will have judicial execution.

CHAPTER VI Of the RECOGNITION and EXECUTION OF FOREIGN AWARDS

Art. 34 - the foreign award recognized or will be executed in Brazil of conformity with the international dealt ones with effectiveness in internal order e, in its absence, strict in accordance with the terms of this Law. Paragraph only - It considers - award foreign the one that has been pronounced outside of the domestic territory.

Art. 35 - Recognized or to be executed in Brazil, the foreign award is subjects, solely, to the homologation of the Supreme Federal Court.

Art. 36 - It is applied the homologation for recognition or execution of foreign award, in that to fit, the made use one in arts. 483 and 484 of the Code of Civil action.

Art. 37 - The homologation of foreign award will be required by the interested person, having the complaint brief to contain the indications of the procedure law, as art. 282 of the Code of Civil action, and to be instructed, necessarily, with: I - the original of the award or a copy duly certified, notarized for the Brazilian and folloied consulate of official translation; II - the original of the arbitration convention or copy duly certified, folloied of official translation.

Art. 38 - The homologation for the recognition or execution of foreign award could only be denied, when the male defendant to demonstrate that:

I - the parts in the arbitration convention were incapable;
II - the arbitration convention was not valid according to law to which the parts had submitted it, or, in the lack of indication, virtue of the law of the country where the award was pronounced; III - it was not notified of the assignment of the arbitrator or the procedure of arbitration, or has been violated the principle of the contradictory, disabling legal defense;

IV - the award was pronounced outside of the limits of the arbitration convention, and it was not possible to separate the exceeding part of that one submitted to the arbitration;

V - the institution of the arbitration is not in accordance with the arbitrational commitment or arbitragem clause;

VI - the award if, still, has not become obligator for the parts, she has been annulled, or, still, she has been suspended for judicial agency of the country where the award will be rendered.

Art. 39 - Also the homologation for the recognition or foreign arbitrational judgement execution will be denied, if the Supreme Federal Court to evidence that: I - according to Brazilian law, the object of the litigation is not susceptible to be decided by arbitration; II - the decision offends the national public order. Only paragraph - offence to the national public order will not be considered the efetivação of the citation of the resident or domiciliated part in Brazil, in the molds of the convention of arbitration or the procedure law of the country where if it carried through the arbitration, admitting itself, also, the postal citation with unequivocal test of act of receiving, since that it assures to the Brazilian part skillful time for the right of action of defense.

Art. 40 - The denial of the homologation for recognition or execution of foreign award for formal vices, does not hinder that the interested person renews the order, a time cured the presented vices.

CHAPTER VII FINAL DISPOSALS

Art. 41 - arts. 267, interpolated proposition VII; 301. interpolated proposition IX; e 584, interpolated proposition III, of the Code of Civil action starts to have the following writing: "Art. 267 -..................................................................................................................... Vll - for the arbitration convention;" "Art. 301 -.............................................................................................................. IX - arbitration convention;" "Art. 584 -............................................................................................................. III - the award and the homologatória sentence of transaction or conciliation;" Art. 42 - Art. 520 of the Code of Civil action starts to have plus an interpolated proposition, with the following writing: "Art. 520 -............................................................................................................ VI - to judge originating the order arbitration institution." Art. 43 - This Law enters in vigor sixty days after the date of its publication. Art. 44 - They are revoked arts. 1.037 the 1,048 of the Law nº 3,071, 1° of January of 1916, Brazilian Civil Code; arts. 101 and 1,072 the 1,102 of the Law nº 5,869, 11 of January of 1973, Code of Civil action; e too much disposals in the opposite. Brasilia, 23 of September of 1996: 175° of Independence and 108° of the Republic. Fernando Enrique Cardoso Nelson the Jobim Published in I GIVE it, of 24/09/96.