Our partner Arthur de Paula has written an article, published in JOTA, which discusses the jurisprudential movement to respect and encourage arbitration. In the text, the lawyer deepens the debate based on a recent decision by the Superior Court of Justice (STJ) on the subsidiary inapplicability of the Code of Civil Procedure (CPC) to arbitration and endorses the need for caution.
“The background to Special Appeal No. 1851324-RS was the allegation that a certain arbitration procedure was null and void due to the party’s agent acting as a translator during the hearing of Chinese witnesses – a circumstance that had been expressly permitted by the arbitrator. Over the course of two dozen articles, the Justice of the Court delved deeply into the arbitration award in dispute. He also made important points about the institute of arbitration, with a special focus on the flexibility characteristic of arbitration. It is one of those votes that is pleasant to read – a rare characteristic when examining the technical nature of a judgment.”
Read in full: https://lnkd.in/g9rZSvY7