Banca de DEFESA: LUIZA DE ARAÚJO GUIMARÃES

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : LUIZA DE ARAÚJO GUIMARÃES
DATE: 02/06/2021
TIME: 15:00
LOCAL: UFRN - PROGRAMA DE PÓS-GRADUAÇÃO EM DIREITO / Videoconferência
TITLE:

JUDICIAL CONTROL OF THE ARBITRATOR’S ACTIVITY: THE BALANCE BETWEEN STATE JURISDICTION AND ARBITRAL JURISDICTION IN THE LIGHT OF THE DUE PROCESS OF LAW

KEY WORDS:

Arbitration. Judicial control. Arbitrator’s activity. Competence.

PAGES: 103
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The present paper seeks to analyze the judicial control of the arbitrator's activity. Like the judge, the arbitrator is responsible not only for resolving the dispute submitted to him, but also for conducting the arbitration process, his performance being naturally subject to  irregularities. For an arbitration to be carried out in compliance with the Brazilian legal system, especially with the dictates of due process of law, which especially makes the institute compatible with the constitutional order, an external control system exercised by the national courts is necessary. Such a system must be activated when an arbitration is not exercised within the limits inherent to it, when it takes place without agreement of the parties or beyond the legal and contractual provisions as applicable. Despite the Act no. 9.307/1996, called here the Arbitration Law, predicts a succinct regulation of how this mandatory external control is exercised, this does not prove to be sufficient to resolve the practical issues raised by the doctrine and jurisprudence in recent years, which sometimes legitimate an excessive and unnecessary judicial intervention, violating the jurisdiction of the arbitration jurisdiction. In view of this, it is intended to investigate how irregularities in arbitration can be controlled by the Judiciary to preserve the balance between state and conventional action, thus refuting any and all forms of irresponsible exercise of legal instruments of control, with the aim of guaranteeing the effectiveness of arbitration as an alternative means of access to justice.

BANKING MEMBERS:
Presidente - 2222637 - ARTUR CORTEZ BONIFACIO
Interno - 1167852 - JOSE ORLANDO RIBEIRO ROSARIO
Externo à Instituição - LEONARDO OLIVEIRA FREIRE - F.M.Nassau
Externo à Instituição - PAULO LOPO SARAIVA - MaterChrist