Volume 7 (2010) / Issue 25
ABSTRACT: The main objective of the present essay is to analyze the relationship between Arbitration and the Bankruptcy Institute on three distinct situations: (i) the extrajudicial recovery with the stipulation of an arbitral clause; (ii) the approval (granting) of the judicial recovery after the beginning of the arbitral procedure; (iii) an arbitral procedure to generate the judicial recovery as a private negotiation established between the debtor and the creditors. The possibility of convention on the extrajudicial recovery allows the parties involved in the litigation to negotiate a settlement to preserve her faculties and interests. On the other hand, the bankruptcy and the judicial recovery are institutes that protect the public interests, leaving a small space to the arbitral procedure, since the arbitration is a form of alternative dispute resolution related to unalienable rights.
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