O princípio da competêcia-competência no direito arbitral brasileiro

Abstract

This paper aims to analyze how the principle of competence is regulated Brazilian arbitration law. At first, it examines forecast rules of that precept. It then performs a search of case law to verify the position of the upper and state courts is in consistent with the prediction of the principle in the normative and theoretical piano We chose to address this issue because of the scarcity of jobs in the country dealing with the subject, whose study is of fundamental importance for the development of arbitration. The rule of competence-competence confers efficiency and speed to the institute, because departs bringing antiarbitragem measures and measures for procrastinatórias party who has no interest in establishing the arbitral procedure. 0 principle of competence-competence, predicted 8, sole paragraph, of Law No. 9.307/96, gives arbitrators the prerogative to determine, first, any questions about the validity, existence and effectiveness of the arbitration agreement, delaying state control until the completion of arbitration. This study, therefore, in addition to analyzing the model regulation of this principle in Brazil, seeks to examine whether the judiciary interpreted tern this rule, if indeed respect the prerogative of the arbitral tribunal to examine regularity of its powers of history, in relation to the judiciary. The reflections contained in this document were developed from the study of Law 9,037 of September 23, 1996 and the arbitration laws of other countries, the doctrine domestic and foreign case law and homeland.