Revista Brasileira de Arbitragem

Volume 11 (2014)

Volume 11 (2014) / Issue 43

Jéssica Ricci Gago, Wanderley Fernandes, 'Extensão Objetiva da Cláusula Arbitral' (2014) 11 Revista Brasileira de Arbitragem, Issue 43, pp. 33–58

Keywords:
Linked contracts; arbitration clause; extension of the objective effects of the arbitration clause.

Abstract

ABSTRACT: The growth and strengthening of arbitration in Brazil after the ruling by the Brazilian Supreme Court on the proceedings number SE 5206, through which the en banc Court ruled for the constitutionality of several sections of the Brazilian Arbitration Law (Federal Law number 9.307, dated September 23rd, 1996) raised many and new challenges for the consolidation of arbitration as a trustworthy dispute resolution alternative. This work analyses one of the polemic questions that arose, which is the possibility of extension of the objective effects of the arbitration clause in linked contracts. The theme regards the enforceability per relationem of the arbitration clause which is not expressly provided in a determined and specific contract, although it integrates several linked contracts which compose a complex relationship between the same parties. Both arguments which ground the favorable and unfavorable opinions concerning the extension of the objective effects of the arbitration clause were raised and the research sought to identify which of those arguments better adjust to Brazilian Law. The conclusion is for the possibility of the extension of the objective effects of the arbitration clause concerning linked contracts in complex economic relationships between the same parties.

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ISSN: 1806-809X
ID: RBA2014035