A relação entre o Poder Judiciário e o árbitro na arbitragem interna

Abstract

The present work is a dissertation that aims setting the limits of the Judiciary and of the arbitrors within domestic arbitration. The election of such subject is based on its need of systematization, thus an increase of security for those who choose arbitration for dispute resolution, since it will make possible to anticipate the issues that may arise during the process and how such issues are to be refuted. Therefore, after presenting arbitration in Brazil and discussing its legal status we shall discuss the relationship between the Judiciary and the arbitrors in all three phases of arbitration: pre arbitration; arbitration; and post arbitration. The pre arbitration phase, in which there is yet no arbitral jurisdiction, are discussed the questions related to the arbitration convention and the role of the Judiciary in granting injunction relief. The arbitration phase, in which jurisdiction is conferred to the arbitror, the following questions are discussed: possibility of the arbitror decides on his/hers own jurisdiction; the lack of arbitral jurisdiction during the arbitration; the auxiliary role of the Judiciary; and the arbitral award and res judicata. Finally, in the post arbitral phase are discussed the problems of the award, motions to dismiss, motions to declare void and enforcement of the decision