Do judiciary and arbitration coexist in harmony?

In addition to the litigious conflict resolution system, since 2015 is present in the Civil Code the multiportas system, which is about of a faster and friendly conflict resolution tool. One of these possibilities is arbitration, where the parties, with the participation of an impartial third party, decide on a controversy. It is an efficient, fast way that contributes to the reduction of the procedural volume of the judiciary.

Recently, two events in Brasilia, held at the Superior Court of Justice and the Federal Supreme Court, entered into an innovative agreement between the Union's Attorney General and the Brazilian Arbitration Committee. This agreement represents a significant milestone for the promotion of arbitration in Brazil. The partnership aims to carry out projects that seek to democratize and qualify discussions about arbitration and other extrajudicial conflict resolution methods.

As part of this agreement, seminars, conferences, meetings, public debates and the organization of courses, study groups and research are foreseen.

The data presented by André Abbud, chairman of the committee, show that since 2016 more than 11,000 arbitration decisions have been recorded in the country. The survey, focused on the São Paulo Court of Justice, reinforces a balanced relationship between arbitration and judiciary, with only 8% of contested arbitration and 1.5% annulled.

Minister Luís Roberto Barroso emphasized the importance of arbitration in the face of the large volume of processes in the judiciary, highlighting the growing adoption of this practice as a success that contributes to unburden the judicial system.

Given these events and discussions, it is clear that arbitration in Brazil is on the rise, contributing to relieve the load of the judiciary and offering an effective alternative in conflict resolution, but there are still many challenges to overcome. The agreement between the AGU and the Brazilian Arbitration Committee promises to further boost the development and spread of this practice, highlighting a promising scenario. The collaboration between institutions, the launch of manuals and the holding of robust events indicate that arbitration will continue to play a crucial role in the Brazilian legal system, bringing efficiency and balance to dispute resolution.