Cláusula Compromissória: Entenda o que é e como funciona a Convenção de Arbitragem

Summary

In this video, Asdrubal Júnior discusses the arbitration clause, a key component of the arbitration agreement found in contracts. He explains that the clause stipulates arbitration as the method for resolving disputes before any conflict arises. The video covers the importance of a written agreement, the clause's autonomy even if the contract is invalid, and the distinction between full and empty clauses. A full clause includes essential details like the arbitration institution and procedures, while an empty clause requires further agreement to specify these details. The discussion highlights how the arbitration clause facilitates effective dispute resolution.

Takeaways

• 😀 The arbitration clause is a form of arbitration agreement included in contracts to resolve disputes through arbitration.
• 😀 Arbitration clauses must be written down, either directly in the contract or as an addendum, to be legally valid.
• 😀 According to Brazilian Law 9307/1996, arbitration clauses are governed by Article 3, allowing parties to resolve disputes via arbitration.
• 😀 The arbitration clause is distinct from the arbitration agreement; it is established before any dispute arises within a contract.
• 😀 The arbitration clause is autonomous, meaning its validity is not affected by the validity of the contract itself.
• 😀 Even if a contract is disputed (e.g., whether it is null and void), the arbitration clause remains enforceable.
• 😀 An empty arbitration clause lacks essential details such as who will arbitrate, the procedures to follow, and other necessary specifics.
• 😀 A full arbitration clause includes all critical details, such as the arbitration institution, procedures, arbitrators, and decision criteria.
• 😀 When an empty arbitration clause is present, the parties must meet to finalize the details of arbitration before proceeding.
• 😀 A full arbitration clause allows arbitration to begin immediately, as all necessary details are already provided in the contract.

Q & A

What is an arbitration clause?

An arbitration clause is a provision in a contract that stipulates that disputes arising from the contract will be resolved through arbitration instead of litigation.

How is the arbitration clause different from an arbitration agreement?

The arbitration clause is included in the contract before a conflict arises, whereas the arbitration agreement can be made after a conflict occurs.

What is the legal foundation for the arbitration clause in Brazil?

The legal foundation for the arbitration clause in Brazil is provided by Arbitration Law 9307 of 1996, which allows parties to resolve disputes through arbitration.

What are the two forms of arbitration agreements mentioned in the script?

The two forms of arbitration agreements are the arbitration clause, which is included before a dispute, and the arbitration agreement, which is established after a dispute arises.

What is meant by the autonomy of the arbitration clause?

The autonomy of the arbitration clause means that even if the main contract is disputed (e.g., for being invalid), the arbitration clause remains valid and enforceable independently.

What is an empty arbitration clause?

An empty arbitration clause is a provision that simply states there will be arbitration but lacks specific details such as who will arbitrate, the arbitration institution, the procedure, and other essential aspects.

What is a full arbitration clause?

A full arbitration clause provides detailed information, including the arbitration institution, arbitrators, procedures, and rules for how the arbitration will take place.

What are the key elements that must be specified in a full arbitration clause?

A full arbitration clause must specify the arbitration institution, the arbitrators or arbitration panel, the procedure, decision criteria, and other relevant details for the arbitration process.

What happens if an arbitration clause is empty and arbitration needs to start?

If the arbitration clause is empty, the parties must negotiate the details of the arbitration process, and an additional document known as an arbitration agreement will be created to formalize these details.

Can the validity of a contract affect the arbitration clause?

No, the validity of the main contract does not affect the arbitration clause due to its autonomy. Even if the contract is disputed, the arbitration clause remains valid and can be enforced.