Ana Júlia Moraes
Lawyer at Marcos Martins Advogados
Bill 3.293/21, which aims to amend the Arbitration Law, in force since 1996, is currently before the Chamber of Deputies.
If approved as proposed, the confidentiality of decisions and the autonomy of the parties in choosing arbitrators could be compromised, especially in relation to the rules in force worldwide. One of the fears about approving the bill is the possible interference of public authorities in strictly private relationships.
Making the publicity of arbitration awards the rule and confidentiality the exception could discourage parties from choosing arbitration as an alternative, undermining one of its main attractions, which is confidentiality, a benefit that today allows parties to deal with often sensitive and strategic business issues in a private manner.
One of the bill’s adjustments is to limit the number of procedures in which each arbitrator can act. As proposed, the same arbitrator would be limited to acting in a maximum of ten arbitration proceedings at any one time. The legal community has seen this proposed provision as a threat to the constitutional guarantee of free enterprise, equivalent to trying to impose on a lawyer the number of cases he could represent.
The vote on the bill is scheduled for August, after the recess, and if approved, the changes could encourage a migration of Brazilian arbitrations to other countries, bringing a possible fall in the economy.
Marcos Martins Advogados and its arbitration and dispute resolution team, led by Ana Júlia Moraes, are closely monitoring this issue and are prepared to answer any questions you may have.
