LEI 9307/96 FREE DOWNLOAD

Once the arbitration has been commenced, and if the arbitrator or arbitration tribunal concludes there is a need to clarify a matter set forth in the arbitration agreement, an addendum will be drafted together with the parties, executed by all, and will become an integral part of the arbitration agreement. II - it was made by someone who could not have served as an arbitrator;. Sole paragraph - Once the arbitration is initiated and should the arbitrator or the arbitral tribunal feel that there is the need to clarify some issues presented in the arbitration agreement, an addendum shall be formed, in conjunction with the parties and signed by all, which will then be a part of the arbitration agreement. In the absence of an agreement, the eldest will be the chairman. II - the original arbitration agreement or a duly certified copy, accompanied by an official translation.

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The provisions of Articles and of the Code Civil Procedure shall apply, where applicable, to the request for recognition or enforcement of a foreign arbitral award. Article 22 - The arbitrator or the arbitral tribunal, at the request of the parties or on its own motion, may take depositions of the parties, hear witnesses, determine the carrying out of expert examinations and any other evidence it may deem appropriate.

Arbitragem e processo: um comentário à Lei 9,/96 - Carlos Alberto Carmona - Google Books

The submission agreement is the judicial or extrajudicial agreement by which the parties submit an existing dispute to arbitration by one or more persons. In the absence of any arbitration agreement and if the parties fail to reach an agreement as to the appointment of the substitute arbitrator, the interested party shall proceed in the manner set forth in Article 7 of this Lej, unless the parties have expressly stated in the arbitration agreement that they will not accept a substitute arbitrator.

III - it does not contain the requirements stated on article 26 of this law. Article 25 - If during the course of the proceedings, a controversy arises regarding rights not freely transferable and once is verified that the award shall depend on whether they exist, the arbitrator or the arbitral tribunal shall stay the proceedings and shall send the parties to the competent authority of the judiciary branch.

The efficacy of the provisional measure granted by the judicial court shall cease if the interested party does not file the request for arbitration within 30 thirty days from the date the respective decision takes effect. I — the report, which shall lel the names of the parties and a summary of the dispute; II — the grounds of the decision, where the issues of fact and law will be analyzed, expressly mentioning whether the arbitrators judged for equity; III — the arrangement, in which the arbitrators will resolve the questions submitted to them leu establish the deadline for compliance with the decision, if applicable; and IV — the date and place where it was issued.

The parties will appoint one or more arbitrators, always an uneven number, and they may also appoint their respective alternates.

Arbitragem No Direito Brasileiro: Lei No. 9,307/96

I — the name, profession, marital status and domicile of the parties; II — the name, profession, and domicile of the arbitrator, or of the arbitrators, or, if applicable, the identification of the entity to which the parties have delegated the appointment of arbitrators; III — the subject matter of the arbitration; and IV — the place kei the arbitration award will be rendered.

If the parties show up at the hearing, the judge shall first try to bring the parties into a settlement.

Article 5 - When the arbitration clause makes reference to the rules of a particular arbitral institution or specialised entity, the arbitration shall be instituted and conducted in accordance with such rules, unless otherwise agreed by the parties. II - if the parties so agree, the provision authorising the arbitrators or arbitrators to decide ex equo et bono.

When the challenge of suspicion or impediment is accepted, the arbitrator shall be replaced in accordance with Article 16 of this Law; and if the lack of jurisdiction of the arbitrator or of the arbitral tribunal, leii well as the nullity, invalidity or ineffectiveness of the arbitration agreement, is confirmed, the parties shall revert to the Judicial Authority competent to rule on the matter.

Article 13 - Any person of legal capacity who enjoys the confidence of the parties may be appointed as arbitrator. III - should the time period referred 9307/69 in article 11 III expires as long as the interested party has notified the arbitrator - or the chairman of the arbitral tribunal - giving him a 10 day-notice for rendering and presenting the award.

With the exception of the provisions of Paragraph 2, if coercive or injunctive orders become necessary, the arbitrators may request them from the Judicial Authority originally competent to rule on the case.

I — the original of the arbitration award or a duly certified copy, authenticated by the Brazilian consulate and accompanied by an official translation; II — the original of the arbitration agreement or duly certified copy, accompanied by an official translation. I — 9307/6 any of the arbitrators is refused, before accepting the appointment, provided that the parties have expressly declared not to accept a substitute.

Lei 9.307/96 em inglês

II - the grounds for the decision where questions of fact and law shall be analysed, mentioning expressly whether or not the arbitrators are deciding the case on equity basis. Direct and indirect public administration may use arbitration to resolve conflicts regarding transferable public property rights. III - the opinion wherein lfi arbitrators shall resolve questions 937/96 are submitted to them and shall establish the time frame for the compliance with the decision, if applicable; and.

A decision that the contract is null and void shall not entail ipso jure the invalidity of the arbitration clause.

Arbitragem No Direito Brasileiro: Lei No. 9,/96 by Marco Aurelio Gumieri Valerio

The arbitral award shall have the same effect on the parties and their successors as a judgement rendered by the Judicial Authority and, if it includes an obligation for payment, it shall constitute an enforceable instrument thereof.

The parties may also agree in the arbitration clause or in a separate document, the procedure for the commencement of arbitral proceedings.

The interested parties may submit their disputes to arbitration by means of an arbitration agreement, which may be in the form of either an arbitration clause or an arbitration agreement.

The award is null and void if: I - the parties to the arbitration agreement were under some incapacity. Article 24 - The award shall be expressed in a written document. Article 17 - The arbitrators, when in the exercise of their duties, or in support of these, shall be considered comparable to public officials for the purpose of criminal legislation.

In order to be recognized or enforced in Brazil, a foreign arbitral award is only subject to recognition by the Superior Court of Justice STJ. I - according to Brazilian law, the subject-matter of the dispute is not capable of settlement by arbitration. By performing their service, or as a result thereof, the arbitrators shall be considered comparable to public officials for the purpose of criminal law.

In the absence of any provisions on the procedure, the sole arbitrator or the arbitral tribunal shall conduct the arbitration in such a manner it considers appropriate.

In a consumer relationship, established by means of an adhesion contract, the arbitration clause will only take effect if the adhering party takes the initiative to file an arbitration proceeding, or to expressly agree with its institution.