We use cookies on this site to provide you with an informative and engaging experience and also to help us to continually improve our site for you. Without allowing cookies certain features of the site will not be available. To learn more about how we use cookies, please view our cookie policy. By clicking on ‘I AGREE’, you consent to our use of cookies on this device in accordance with our policy.

Logo of Wolters Kluwer, Kluwer Law Online
Revista Brasileira de Arbitragem
Search content button

Home > All journals > Revista Brasileira de Arbitragem > 11(41) >

Arbitragem e “Parte Fraca”: a Questão das Relações de Consumo

Cover image ofRevista Brasileira de Arbitragem

$15.00 - Rental (PDF) *

$29.00 - Article (PDF) *

*service fee may apply
Download the PDF icon

Arbitragem e “Parte Fraca”: a Questão das Relações de Consumo


Revista Brasileira de Arbitragem
Volume 11, Issue 41 (2014) pp. 68 – 99

https://doi.org/10.54648/rba2014003



Abstract

 

ABSTRACT: The concept of arbitrability refers to the ability of certain disputes to be submitted to arbitration. Several are the divergences regarding the themes that can use in Brazilian law arbitration to solve the conflicts originating from contractual relations. Among these themes, topping of importance in the national scenario is the question concerning the possibility of consumer disputes to be submitted to arbitration. In view of the dynamism of consumer relations at present, it is necessary to search for alternative and effective mechanisms of dispute resolution, among which stands out the arbitration. However, the use of this mechanism for the resolution of consumer disputes in Brazil is denied due to the barrier imposed by article 51, VII, of Brazilian Consumer Code that considers abusive the clause providing for the compulsory use of arbitration, despite of the fact that article 4º, § 2º, of Brazilian Arbitration Law allows the use of this mechanism in adhesion agreements. This article, based on foreign and domestic doctrine and jurisprudence on the theme, quest demonstrate the feasibility of the use of arbitration in solving consumer disputes.


Extract




Subscribe to this journal

Interested in a subscription? Contact our sales team

Browse by practice area
Share
Stay up to date


RSSETOC