Lei de Arbitragem (Lei 9,307/1996)
Law No. 9,307 of 1996 established Brazil’s modern arbitration framework, providing for the resolution of commercial disputes through arbitration. The law is based on the UNCITRAL Model Law and provides for both ad hoc and institutional arbitration. It establishes the enforceability of arbitration agreements, the appointment and challenge of arbitrators, the conduct of arbitral proceedings, and the recognition and enforcement of arbitral awards. The law was complemented by the New York Convention (ratified by Brazil in 2002) and Decree-Law No. 4,311/2002.
Legal area: Arbitration law governs the resolution of disputes through private arbitral tribunals as an alternative to litigation.
Year enacted: 1996
Full text: https://www.planalto.gov.br/ccivil_03/leis/Lei/L9307.htm
Key Provisions
- Art. 1: Arbitration clause and submission agreement
- Art. 3-6: Arbitration agreement (acordo de arbitragem)
- Art. 7-12: Appointment and challenge of arbitrators
- Art. 21-33: Conduct of arbitral proceedings
- Art. 35-42: Arbitral award (laudo arbitral) and its effects
- Art. 43-47: Recognition and enforcement of foreign awards
- Art. 48: Arbitral award has the same effect as a judicial decision
Significance
The Arbitration Law transformed Brazil into a major international arbitration venue, particularly for Latin American disputes. The law’s constitutionality was confirmed by the STF in 2001, resolving earlier doubts about the delegation of judicial jurisdiction to private arbitrators. Brazil has become one of the most active countries in international arbitration, with the CAM-CCBC and CAM-IESP being leading arbitration centers in the region.