Arbitration: conflict resolution mechanism in cases of judicial reorganization or bankruptcy

Alessandra R. Noronha GomesLawyer at Marcos Martins Advogados The granting of judicial reorganization does not have the power to alter the jurisdiction for judging and the nature of the claim that seeks recognition and quantification in arbitration proceedings. The Superior Court of Justice, by ruling on Special Appeal 1.953.212/RJ, determined that lawsuits filed against companies […]

Arbitration – The principle of broad access does not apply to arbitration proceedings

Vanessa Salem EidLawyer at Marcos Martins Advogados Arbitration proceedings, just like judicial proceedings, are governed by some fundamental principles that serve as the basis for the Arbitration Law itself (Law No. 9.307/96), including the adversarial process; the equality of the parties; the impartiality of the arbitrator and his free will, as well as the fundamental […]