Brazilian new civil procedure code strengthens cooperation between state courts and arbitral tribunals

Abstract

Brazil is in the eminence of having a new civil procedure code. Considering this context, the present article wants to demonstrate the interaction between this new code and arbitration. Since the code only rules over court proceedings, the focus lays on how it influences the cooperation between the state courts and the arbitral tribunals. The new code explicitly confirms the jurisdiction of arbitral tribunals and gives it a new communication tool for arbitrators to request courts in Brazil to execute arbitral orders. In particular, these two innovations shows how the new procedure code strengthens a collaborative relationship between courts and arbitral tribunals in the country.