O Joinder na arbitragem internacional

• Autor(a) principal: Rodrigues, Andreas Maximilian Paschoal
• Data de Publicação: 2021
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/139341
• topic: Arbitragem internacional; Arbitragem institucional; Arbitragens multipartes; Joinder; Integração de terceiros; Normas institucionais; International arbitration; institutional arbitration; multiparty arbitration; institutional rules; Direito

The present study aims to conduct a comparative analysis between the treatment given to the joinder by the regulations of the main international arbitral institutions and the approach adopted by the main Brazilian arbitral institutions. Over the years commercial relations have become more complex, which has directly affected the contracts entered. Consequently, multiparty arbitrations have become common, and the joinder of third parties into the arbitral procedure has become more frequently discussed. The joinder is a procedural instrument that aims to increase procedural efficiency, while also generating a decrease in the costs of arbitration and avoiding the risk of contradictory decisions. However, since the will of the parties is the basis of arbitration, the entry of a third party in the arbitral proceedings must go through an indispensable analysis of both the consent of the parties involved and the principle of equality of the parties. Given this context, arbitral institutions have begun to regulate multiparty conflicts and, specifically, the joinder in their institutional rules. Even though there are some common features between their rules, each institution approached the subject in the way it deemed appropriate. Such approaches will be the object of analysis in this dissertation, which will seek to ascertain whether the rules of Brazilian arbitral institutions are aligned with the international standards regarding the regulation given to the joinder. For this purpose, this paper will be divided into four parts: first, the conceptualization of joinder will be made, as well as a brief analysis of the historical context involving the Siemen-Dutco case; second, the pros and cons of the procedural instrument and its relationship with the principles of equality between the parties, efficiency, and confidentiality will be addressed; third, an individualized analysis will be made of the institutional rules of the main international arbitral institutions regarding the joinder and; finally, a study of the Brazilian scenario will be made, which will go through the Arbitration Law and the Civil Procedure Code before addressing the rules of the Brazilian institutions. The objective of such analysis is to draw a parallel between the current treatment of the figure of the joinder in Brazil and the approaches adopted by the international institutions.