Vinculações arbitrais

Abstract

This thesis aims to respond whether the binding judicial precedents apply to arbitration, and generate effects in the arbitrators’ activity. On the one hand, arbitration is part of the jurisdictional dispute resolution system. On the other hand, State jurisdiction is an element that concretizes the Law through interpretation, attribution of meaning and application of the statutes. Jurisdiction plays a key role in the legal system, as it promotes foreseeability and equality in the application of the Law. The evolution of the concept of Law in the legal theory irradiated effects to the procedural law theory. Therefore, as stable precedents gained relevance, legal mechanisms to promote uniformity and consistency in the application of the law have been created. Jurisdictional activity creates standards of conduct for the society, as it interprets the statutes and identify the meaning of the rule. These standards of conduct compose Brazilian Law. Consequently, would the arbitrators be bound to the judicial binding precedents when Brazilian Law applies to the merits of the arbitration? If so, what are the consequences of the rejection of the authority of the precedent by the arbitrators? These are the key points of the paper