ABSTRACT: The objective limits of the arbitral claim plays a fundamental role in the interplay between parties and arbitrators, having the Brazilian legislator accepted that the parties freely dispose on how to set these limits, at the same time that it fully empowered the arbitrators to decide such claim, modulating the acts of the later through the constitutional guarantees of the former. Due to the inherent flexibility of the arbitral proceedings and the need of its efficient management by the arbitrators, it is indispensable to understand the phenomenon of the arbitral process object and, then, to assess the defects of the arbitral award that arise out of the poor understand of such phenomena, especially in relation to those that are related to the grounds of the decision. The results of the analysis of this phenomena and of its misapplication gives more certainty in order to accept modifications in the objective limits of the claim by the parties during the course of the arbitral proceedings, as well as confers to the arbitrators the means to obtain a better use of the arbitral process. In the same sense, the proper understanding of the link of the arbitrators to the objective limits of the claim, in light of the legal provision that the whole dispute shall be solved, leads the parties to adjust its claim to the real potential of the arbitral process, guiding their acts towards an effective participation in cooperation with the arbitrators, of whom is expected an active role.
Revista Brasileira de Arbitragem