Intervenção de terceiros na arbitragem

• Autor(a) principal: Barboza, Thaís Ramos Araujo Dias
• Data de Publicação: 2023
• 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/36312
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO; Intervenção de terceiros; Arbitragem; Third party intervention; Arbitration

The thesis aims to analyze the Brazilian Code of Civil Procedure and Law 9.307/96 (Arbitration Law) to verify the possibilities of intervention of third parties in an arbitration. The study is based on the idea that although the arbitration procedure is a deliberation between private parties to solve a problem outside the judicial court, it may involve third parties who have not adhered to the arbitration clause. In this regard, the modalities of third-party intervention foreseen by the Brazilian Code of Civil Procedure will be studied to delimit the appropriateness of these institutes in arbitration. Naturally, it is necessary to respect the principle of private autonomy intrinsic to the arbitration procedure, being clear about the essence and the consequences of adhering to this process, which, being a deliberation between private parties, does not have the power to impose on third parties participation in or submission to what has been decided therein. Thus, this research will briefly address the possibilities of participation of third parties in an arbitration, as well as whether such interventions are mandatory or optional. The study on the subject is worthwhile, since during the legal practice there is sometimes no clarity on the limits of intervention of third parties who are strangers to the signature of the arbitration clause, whose presence may be crucial to the proper solution of the problem discussed. Due the necessity of agreement of parties in arbitration and the private nature of arbitration, it is essential that the intervention of third parties is grounded on this consensus. Thus, the majority doctrine understands that the intervention of third parties in arbitration is admitted, whether provoked or voluntary, as long as all parties involved in the arbitration agree: Claimant, Respondent and Arbitrators. Finally, it is important to mention that the predominant method used in this work is the deductive, through which a bibliographic review and the examination of national legislation were carried out, but not exclusive, even if in a lesser extent, of the inductive method, especially through the collection and analysis of statistical data and case law