Authors: Luciano de Souza Godoy and Marcela Machado Martiniano
Since the enactment of the Brazilian Arbitration Act (Law No. 9,307/1996), the Brazilian legal framework has undergone remarkable changes that helped improve and strengthen arbitration as an alternative method of dispute resolution.
In 2002, the 1958 New York Convention came into force in Brazil, notably contributing to the development of arbitration in the country, particularly in respect to the recognition and enforcement of foreign arbitral awards.
More recently, the new Brazilian Civil Procedure Code (Law No. 13,105/2015) accommodated the kompetenz-kompetenz principle, under which it is up to the arbitrator to determine his or her own competence by examining the validity of the arbitration clause and the agreement in which it is inserted.
