Arbitragem | O que é Arbitragem? | Isabel Dantas

Summary

In this video, Isabel, a conflict mediator at Mediações Brasil, concludes a series on conflict resolution by explaining arbitration. She highlights the differences between mediation, conciliation, and arbitration, focusing on the voluntary nature of arbitration, where parties choose an impartial arbitrator to resolve disputes. Isabel explains that arbitration can only be applied to disposable rights, such as property, and the decision of the arbitrator holds the same weight as a court ruling in Brazil. She also emphasizes the role of alternative conflict resolution in relieving the judicial system and speeding up dispute resolution.

Takeaways

• 😀 Arbitration is an extrajudicial means of conflict resolution, just like mediation and conciliation.
• 😀 Arbitration can only be used for conflicts involving available rights, such as property rights.
• 😀 In arbitration, parties choose an arbitrator or arbitration tribunal to resolve the dispute.
• 😀 The decision made by the arbitrator or tribunal has the force of a court ruling in Brazil.
• 😀 The law regulating arbitration in Brazil is Law 9,307 of 1996.
• 😀 Mediation and conciliation differ from arbitration in that they may involve a prior bond between the parties and conciliators may suggest solutions, which is not the case in mediation.
• 😀 Arbitration is chosen voluntarily by the parties, with an impartial third party making a binding decision.
• 😀 Some authors argue that alternative conflict resolution methods, like arbitration, help relieve the judiciary and speed up conflict resolution.
• 😀 The video concludes a series explaining the differences between mediation, conciliation, and arbitration.
• 😀 The presenter encourages viewers to engage with the video by liking, sharing, and leaving suggestions or questions for improvement.
• 😀 The presenter, Isabel, is a conflict mediator at Mediações Brasil, contributing to the discussion on alternative dispute resolution methods.

Q & A

What is the main topic of the video?

The main topic of the video is arbitration, which is an alternative conflict resolution method, and the presenter, Isabel, concludes a series discussing mediation, conciliation, and arbitration.

What is the difference between mediation and conciliation that Isabel mentioned in the previous videos?

The difference highlighted is that in mediation, the mediator does not suggest a solution, while in conciliation, the conciliator can suggest a solution. Additionally, conciliation involves a prior bond between the parties, whereas mediation may not.

What is arbitration, according to the video?

Arbitration is an extrajudicial method of resolving conflicts where the parties voluntarily choose an arbitrator or an arbitration tribunal to resolve their dispute. The decision made by the arbitrator has the same force as a court ruling.

What types of conflicts can arbitration be applied to?

Arbitration can only be applied to conflicts involving available rights, which are rights that the parties can dispose of, such as property rights.

What role do the parties play in the arbitration process?

The parties in arbitration have the autonomy to select an arbitrator or an arbitration tribunal of their choosing, which makes the process voluntary and based on mutual agreement.

What is the legal basis for arbitration in Brazil?

The legal framework for arbitration in Brazil is Law 9,307, passed in 1996, which regulates the arbitration process and enforces the decisions made by arbitrators.

How does arbitration benefit the judicial system?

Arbitration is considered a form of alternative conflict resolution that can help relieve the judiciary system by resolving disputes more quickly and efficiently outside the court system.

Can an arbitrator’s decision be challenged in a court of law?

In Brazil, the decision made by an arbitrator or an arbitration tribunal has the force of a court ruling, which means that it is legally binding and cannot easily be overturned by a court.

What is the significance of the 1996 Law 9,307 in relation to arbitration?

Law 9,307 of 1996 is the primary legislation governing arbitration in Brazil. It outlines the procedures, rights, and legal effects of arbitration decisions, ensuring that arbitration remains a legitimate and enforceable means of conflict resolution.

Why does Isabel emphasize the voluntary nature of arbitration?

Isabel emphasizes the voluntary nature of arbitration because it highlights the freedom of the parties to choose their arbitrator, ensuring that both parties agree to the process and the decision-making authority of the arbitrator.