Recently, Law No. 13.129 / 2015 has entered into force, which altered the arbitration law (Law 9.307 / 96). Among the main news, some deserve highlight.
The most important innovation of reform is the express prediction on the possibility of public power to refer to arbitration to arbitrage conflicts relating to available patrimonial rights. Prior to the change, although there was no prohibition on the possibility of the establishment of arbitration by the public power, there was resistance in using it, there is a view to unavailability of the public power to negotiate and reconcile.
It should be noted that arbitration, in cases involving public power, should observe the principle of advertising, which facilitates transparency and dissemination of the use of arbitration involving public administration, as well as assisting in the preservation of the principles of supremacy public interest and legality. Law No. 13.129 / 15 also altered the law of corporations anonymous, adding Article 136 (1), to have the approval of the insertion of arbitration convention in the Bylaws, respecting the legal quorum, obliges To all shareholders of the Company, ensured the dissident shareholder the right to withdraw from the Company by reimbursing the value of his shares. In procedural matter, the possibility of requesting precautionary and urgent measures was introduced to the judiciary. However, the establishment of the arbitral procedure should occur within 30 days, under penalty of ceasing the effectiveness of the eventually granted injunction.
Another important aspect is to replace the competence of the Federal Supreme Court by the Superior Court of Justice to approve or deny foreign arbitral sentence. This change only formalized a practice that has already been used in recent years. Notwithstanding the three vetos that limited its scope, referring to the accession contract, the consumption relationship and the labor relationship [2], the arbitration law advanced in order to improve the current legal landscape and make it more accessible The use of this conflict solution modality, contributing to challenging the judiciary of the numerous outstanding demands of judgment. [1] Art. 3 The Law No. 6,404, of December 15, 1976, becomes increased by the following art. 136-A In the "right of withdrawal" section of section III of Chapter XI:
Art. 136-a. The approval of the insertion of arbitration convention in the Bylaws, observed the quorum of art. 136, obliges all shareholders, ensured the dissident shareholder the right to withdraw from the Company by reimbursing the value of his actions, in accordance with art. 45.
[2] § 2 In accession contracts, the appointment clause will only have effectiveness if it is written in bold or in a separate document.
§ 3 In the consumption relationship established by means of accession contract, the commitment clause will only have effectiveness if the adherent take the initiative to establish arbitration or agree expressly with its institution.
§ 4 Since the employee occupies or occupy position or administrator or statutory director, in individual labor contracts, a commitment clause may only be expressly agree with your institution.
The changes in the reform of the law regulating arbitration in Brazil
Recently, Law No. 13.129 / 2015 has entered into force, which altered the arbitration law (Law 9.307 / 96). Among the main news, some deserve
continue reading