ABSTRACT: The development of the international insurance industry along with the growth of the Brazilian insurance market forced the modernization of the insurance legal regime in Brazil with the Law 126 of january 15, 2007. The possibility of using arbitration as a mechanism for resolving disputes under reinsurance agreements reveals that the new Act offers an important tool for the efficiency of the system, and intends to place the country in equal footing with other jurisdictions in the effort to encourage and promote its reinsurance market. However, the use of arbitration, according with the Act, shall conform to specific legislation, which may lead to some initial speculation as to the extent and scope of the parties freedom of contract. This article aims at providing a preliminary discussion of the use of arbitration under the new reinsurance legal regime in the country.
Revista Brasileira de Arbitragem