Brazil: Siqueira Castro - Conflict of jurisdiction between arbitration chambers and the silence of the Arbitration Law
Conflict of jurisdiction between arbitration chambers and the silence of the Arbitration Law
The Superior Court through the judgment of the CC 113260/SP stood on the competent judicial body to judge jurisdiction conflict between arbitration chambers, since the arbitration law is silent regarding the competence to solve the conflict.
It was put to the appreciation of the Superior Court positive conflict of jurisdiction, that is, two arbitration chambers believe they have jurisdiction to issue an arbitration award, namely, Arbitration Chamber of Commerce of Sao Paulo - ACC - SP and Board of Mediation and Arbitration of Sao Paulo - BMA.
The rapporteur Minister Nancy Andrighi voted to recognize the jurisdiction of the Superior Court to appreciate positive jurisdiction conflict between two Arbitration Chambers located in the same county, considering that the headquarters of both does not indicate that the jurisdiction was given to them by the parties arises necessarily from their Local Court. Besides, none of the powers of state jurisdiction on the arbitral award shall, necessarily that the court will take the steps required by the Court of Arbitration shall be the place where the arbitration takes place, which was accompanied by the Minister Luiz Felipe Salomão.
It occurs that the eminent rapporteur’s vote became overcome, so the other Ministers voted in the sense of not knowing the conflict of jurisdiction in order to avoid the cascading effect and thus avoid all of the conflicts of jurisdiction, which are thousands and tend to increase, come to flow into the Superior Court.
Thus, the second section gave the understanding in the sense that the jurisdiction for trial of any possible conflict of jurisdiction between arbitration chambers is the first instance, because it involves an incident that does not fall within the jurisdiction of the Supreme Court, as the assumptions and scope of Article 105, I "d" of the Federal Constitution
The controversy that has not been analyzed yet is regarding the competence to the trial of conflict between arbitration chamber and the judiciary.
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