In a context in which the disrepute to the effectiveness of the judiciary grows exponentially, the use of alternative conflict solution modalities ( alternative disputes resolution ) tends to intensify. Arbitration, regulated in Brazil by Law 9.307 / 96, is one of these possibilities that is gaining prominence (already consolidated in Europe and the US).

Arbitration, it should be noted, it is highly indicated for cases where litigants, alternatively to a morosa, bureaucratic justice, which often has no judgments with specialized knowledge of the demand, and much more exposed to personal contingents Judge or judgment, prefer to raise an expense immediately but that, in the end, it will also be advantageous.

This form of solution in the composition of current or future demands (depending on the species of convention, if arbitration or a commitment clause), based on the private autonomy of the contractors, by means of which they give one or more arbitrators powers to decide The dispute with the effectiveness of judicial sentence, is increasingly gaining acceptance in commercial, civil and labor contracts. Although, in these latter, still effective not fully pacified in the legal community.

Today, in Brazil, the main institutionalized arbitration courts are (since it is possible to establish courts ad hoc ): Brazil-Canada commercial chamber (SP); The Arbitral Chamber of CIESP-FIESP (SP), the Arbitral Chamber Brasil (MG), CIERGS-FIERGS Arbitral Chamber (RS), among many others. Another great advantage of arbitration is the wide margin of private autonomy that the parties have in choosing the sentence site (which has implications at the time of the executory procedure p.) The choice of language and even the law to be applied ( Be material and / or procedural).

At this point, it is very important that a differentiation between arbitration and other alternative modalities for conflict resolution, such as conciliation and mediation First, the conciliatory suggests a solution to the case, without having the power to impact it, already in the second, the mediator does not even interfere in the terms of this agreement, acting as only as a helper for the parties to reach a final pact.

It is also highlighted that although the cost is greater at the beginning, it can be relativized if the high transaction costs are taken into account from the bureaucracy and the slowness of the traditional judicial procedure. In the US, for example, research is already well developed by evaluating that the quality of the judicial system generates influences on the pace of growth and economic development of the countries. Also in research carried out in Brazil, it was verified that the malfunction of the judiciary undermines not only the economy in the macro, but also the own performance of the companies.

is the burden in secrecy (unlike judicial process, the principle of advertising of procedural acts), irrecoribility, celerity, specialization of arbitrators (since the judgment does not need to have legal training), bureaucratization procedure (it is enough to compare the rules laid down in a regulation of an institutionalized arbitration chamber and the standards provided for in the CPC for a common judicial procedure) greater certainty and legal certainty.

under the Gaucho Judiciary, although it maintaining a more conservative position in the beginning, compared to the courts of justice of other states and also with STJ, the understanding was sedated to recognize the binding character of arbitration clauses, ensuring the expectations of those who, at the time of hire, establishes an arbitral convention.