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Publications

ArbitralWomen members regularly publish articles in highly-regarded legal and ADR journals.

ArbitralWomen is also an Affiliate of Kluwer Arbitration Blog (KAB); all articles posted by ArbitralWomen Members on KAB under Affiliate are available under Publications.

Let’s Remember: In Brazil, the Civil Procedure Code is Not Automatically Applicable to Arbitral Proceedings

  • Article Summary: Brazilian arbitration law establishes that the Civil Procedure Code does not automatically apply to arbitral proceedings unless specifically agreed upon by the parties or directed by the tribunal. The article examines the fundamental autonomy of the arbitral tribunal to determine procedural rules under the Brazilian Arbitration Act without default reliance on state judicial procedures. This legal distinction protects the flexibility, speed, and procedural efficiency intended by international and domestic commercial arbitration in Brazil.
  • Kluwer Arbitration Blog

In the last fifteen years, the use of arbitration as an alternative dispute resolution method has grown in Brazil. Not only has the arbitration law been declared constitutional, but also parties have continuously provided arbitration clauses in their contracts, and national courts have issued rulings recognizing the jurisdiction of arbitrators and their power to “state” the law.