Arbitragem e medidas de urgência: a competência jurisdicional nas medidas urgentes prévias e no curso da arbitragem e a recorribilidade dessas decisões

• Autor(a) principal: Gonçalves, Douglas Thiago Lara
• Data de Publicação: 2012
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/30096
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO::DIREITO PROCESSUAL CIVIL; Arbitragem; Jurisdição; Convenção arbitral; Procedimento arbitral; Tutelas de urgência; Tutela antecipada; Tutela cautelar; Poderes do árbitro; Decisão interlocutória; Recurso; Arbitration; Jurisdiction; Arbitration agreement; Arbitration proceedings; Urgent measures; Powers of the arbitrator; Interlocutory decision; Appeal

This study aimed to demonstrate whether or not urgent measures could be brought to consideration in arbitration, incidentally or just prior to initiation of the proceedings and which way would be the right to demonstrate any irresignation against these decisions. Therefore, we investigated the concept and the legal nature of arbitration and its effect on the state’s court jurisdiction to hear disputes arising from contracts tied to the arbitration agrément. We defined also the concepts of urgent measures, so than effectively started researching about all those concepts working together. Conclusion was obtained in a way to admit the possibility of assessment of urgent measures by the referees, especially when these are rules attached by the parties in this regard. It was emphasized that the feasibility of this decision could only be established when the arbitration procedure had already been started, because while it does not, the jurisdiction remain with the state’s court, except as noted, if the contracting parties adhered to the procedure called as “emergency arbitrator”, figure created by various arbitration institutions. It was found that there is no appeals against interlocutory decisions in arbitration, but the possibility of the parties to creat something like that under the auspices of freedom of choice. In research was used national and foreign doctrine, as well as national lead cases and arbitration rules of several prestigious institutions, where there is summarized the importance of the need for cooperation between state’s jurisdiction and arbitration in respect for citizens seeking a fair and effective judicial protection.